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(영문) 광주지방법원 2015.05.21 2015고단873
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has served as a representative director of a limited liability company E for the purpose of real estate auction, public auction, and development consulting business in Seo-gu, Seo-gu, Gwangju.

No one shall engage in a business of raising funds from many unspecified persons by promising to pay the total amount of contributions or the amount in excess thereof in the future without obtaining authorization or permission, or making registration or report, etc. under relevant Acts and subordinate statutes.

Nevertheless, on September 28, 2012, the Defendant received 10 million won in total from 104 to September 24, 2014 in the same manner and received 35.19 billion won in total under the name of 7.10 billion won in total as investment money from 104 to September 24, 2014, by stating that “if an investment in NPL non-performing loans is made, 4.4% per month shall be paid as dividends on investment amount, and if she wishes to do so, she shall be repaid or re-invested by adding dividends to the investment principal.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Details of transactions for entry and withdrawal;

1. The account number and the list of NPL investors;

1. The current status of investors in each NPL car and a list of NPL investors;

1. Details of each investment revenue;

1. The monthly list of investments for the purpose of keeping the investment agreement and the list of respective NPL investments;

1. Details of passbooks for payment of dividends for investment of the NPL;

1. Current status of investment;

1. Investor account number;

1. Application of statutes on the details of issuance of investment receipts, in 2014;

1. Articles 6 (1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission for Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Although the grounds for sentencing under Article 62(1) of the Criminal Act are not stated in the amount of KRW 35.19 billion, it is not so much.

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