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(영문) 서울동부지방법원 2016.07.14 2016고단849
유사수신행위의규제에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

The applicant's application for compensation is dismissed respectively.

Reasons

Punishment of the crime

The defendant was in a state below Suwon-si

The AC “AC”, which is a multi-level financial company for the operation of AR, was in charge of investor recruitment and business explanation.

No one shall engage in the business of raising funds from many and unspecified persons for the purpose of investment, etc. under the agreement to make payment of the total amount of investment or an amount exceeding the amount of investment without obtaining authorization or permission, making registration, or making a report, etc. under statutes. Since the business of the above company's "AS" was a business structure in which it is inevitable to attract investment from priority investors and pay profits to senior investors, there was no need to guarantee a short-term or continuous payment of the total amount of investment or the amount exceeding it.

Nevertheless, the Defendant, on December 22, 2014, paid 2.5 million won to AP a sum of KRW 2.5 million to the Defendant’s account on December 22, 2014, without authorization, permission, or registration, and without reporting. If the Defendant made four old accounts under the Internet virtual, he/she shall be paid allowances, recommendation allowances, and AT allowances every day, and AS may be used as cash at AS stores or foreign visa card stores located in Seoul, and 50 million won may be punished as KRW 100,000,000,000 won, including KRW 1.5 million, KRW 2.50,000,000 to the Defendant’s account on December 22, 2014, KRW 2.75,000,000 for the same month, KRW 2.575,000,000,0000 for the same month and KRW 1.755,000,000 for the same month.

Accordingly, the defendant committed a similar receiving act, and acquired the victim AP's property by fraud.

Summary of Evidence

1. Legal statement of the witness AP;

1. The second prosecution against the defendant;

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