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(영문) 서울중앙지방법원 2017.08.22 2016고정3842
유사수신행위의규제에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. No person who outlines the facts charged shall engage in business of importing contributions under an agreement with many and unspecified persons to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission or making registration or report;

Nevertheless, around September 23, 2015, the Defendant agreed to pay the amount exceeding the amount of investment in the future by soliciting the investment to the effect that “F is a company investing in the converted bonds (CB) and investing in a large number of KOSDAQ-listed companies such as H, I, etc., and the subject of investment has reached an entertainment business of Ethiopib farms, China, and Vietnam Exchange Holdings without being limited to the investment in converted bonds and KOSDAQ-listed companies, and as a merchant bank, it pays interest fixed monthly when investing in the goods with six-month maturity and six-month maturity and is guaranteed high-income.” In addition, the Defendant received KRW 4,00,000 from April 7, 2016 to the national bank account in the name of F (State), and received KRW 70,000,000 in total from April 7, 2016, and received KRW 690,700,000 in the aggregate, as indicated in the attached list of crimes.

2. According to each evidence duly adopted and examined by this Court, the Defendant is recognized as the head of the business team belonging to K, who is the representative director of the JJ with interest on the F Center head, and the head of the business team belonging to K, who recruited investors and received certain fees in return.

However, the following circumstances acknowledged by each of the above evidence, namely, the Defendant, without knowledge about the operation and management of the investment funds of each of the instant companies, its revenue structure, and the internal circumstances of each of the instant companies, was provided by K with education on investment goods, and recruited investors based on such education, and the commission therefor.

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