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(영문) 서울중앙지방법원 2016.12.22 2016고단1650
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"2016 Highest 2004" was a person who served as the representative director of "Agricultural Partnership E" established for the purpose of agricultural product processing and packing business on January 7, 2014, and was attracting investment from July 2014 to promote the above E's purpose of establishment and the business of operating online game sites other than the above E's purpose of establishment, and was comprehensively managing the above investment business, such as investment deposit and withdrawal. The defendant worked as a director of the above E, and was in charge of explaining the investment to investors in the online game site operation business.

1. Crimes committed by conspiracy with the defendant;

(a) No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, making registration or report pursuant to relevant Acts and subordinate statutes, shall engage in business receiving contributions from many and unspecified persons to pay the total amount of contributions or an amount in excess thereof in the future;

Nevertheless, on July 24, 2014, the Defendant and D received a total of KRW 21,00,000,000 from G on seven occasions under the pretext of investment, including the receipt of KRW 2,200,000,000 from G to the effect that “if a single unit of KRW 1,000,000 is invested in E, it shall be paid every 4,200,000 won, excluding a legal holiday without loss,” while explaining the investment in the above online game site in the office of “F building E”, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

In addition, D’s “134,108,00 won” in the written application for changes of indictment issued on July 1, 2016 from May 2014 to February 9, 2015 under the same law, as shown in the list of crimes, is obvious that the “134,108,000 won” in the written application for changes of indictment issued on July 1, 2016, is a clerical error due to an error, and thus, it is corrected as above.

At least a sum of 84,460,000 won as stated in [Attachment] Nos. 1 through 7] among them in collusion with D to receive money for business purposes.

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