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(영문) 서울북부지방법원 2020.11.20 2020고정1192
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a deputy head of C Co., Ltd. (hereinafter referred to as “C”) established for the purpose of real estate development business, etc. in Songpa-gu Seoul, Songpa-gu. The Defendant is a person who recruits investors, and D is an operator who controls and supervises investment solicitors.

No one shall agree to pay the full amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission from the authorities, and engage in an act of receiving money, etc. from many and unspecified persons for the purpose of making investments, etc.

Nevertheless, the Defendant, in collusion with D on May 2015, recommended that “F and G house, the couple of the couple E in the Jeonbuk-gun-gun, Jeonbuk-gun, to make an investment in the collection of earth and stone in the Jeonbuk-dong, Da. The investment principal will be returned in full 12-14 months after the 12-14 months and will pay the annual revenue of 18%.”

6. Around 24.20 million won from F to C’s name bank account; KRW 25 million from F to a new bank account in the name of F on December 22, 201 of the same year; KRW 25 million from G around May 20, 2016 to the same account; and KRW 68 million from F around December 12 of the same year to the same account.

Accordingly, the Defendant conspiredd with D to receive the fund without delay.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Each agreement entered into between G and police statement, and a statement of transfer;

1. He/she shall submit a report on investigation;

1. Investigation report (verification of invested amount and dividend received by victims);

1. Application of Acts and subordinate statutes to investigation reports (Presentation of Account Details-suspectD);

1. Article 6 (1) and Article 3 of the Act on the Regulation of Conducting Fund-Raising and Receiving Penalties without Permission; Article 30 of the Criminal Act; Article 30 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the defendant.

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