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(영문) 서울중앙지방법원 2016.09.28 2016고단4897
유사수신행위의규제에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of D and E, and Defendant B is the representative of each of the above companies.

No one shall agree to pay the total amount of contributions or the amount in excess thereof in the future for the business of raising funds from many and unspecified persons without obtaining authorization, obtaining permission, making registration, or making reports, etc. under related Acts and subordinate statutes, and receive contributions.

On July 31, 2015, the Defendants conspired to do so without obtaining authorization, and the Defendants are proceeding with G in the office located in the fourth floor of the Seoul Gangnam-gu Seoul Metropolitan Government F building for growing mushrooms and selling mushrooms.

If an investment is made in the Project, 2% interest shall be paid every day, and if the interest paid in comparison with the principal is 200%, the contract shall be terminated.

In other words, the same amount of money can be paid in the same way.

The term "investment explanation" and the amount of KRW 4 million has been transferred from G to the agricultural bank account in the name of E Co., Ltd. on the same day.

From that time on September 18, 2015, Defendants conspired to receive a total of KRW 203,445,000 from seven members, such as the list of offenses, from that time, and received a total of KRW 203,445,00.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A complaint, details of each account transaction, certificate of investment, and deposit sheet (Evidence Nos. 1 and 2 of evidence);

1. The details of each account transaction [the No. 4, 15 of the evidence list] applicable to statutes;

1. Article 6(1) and Article 3 of the Act on the Regulation of Similar Receipt of Criminal Crimes, Article 30 of the Criminal Act

1. Selection of punishment (the Defendants)

1. The amount of 1/3 of the investments made by the investors listed in the list of offenses listed in the attached Table seems to have been paid to the said investors again under the pretext of dividends.

Among the complainants, I, J, and K have withdrawn the complaint.

Defendant

A. A.

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