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(영문) 서울중앙지방법원 2019.01.10 2018고단2336
유사수신행위의규제에관한법률위반
Text

Defendant

A Imprisonment of 10 months, Defendant B's imprisonment of 8 months, Defendant C's imprisonment of 1 year and Defendant D of 10 months.

Reasons

Punishment of the crime

G is a recruitment policy that explains to investors, as the head of the Party’s headquarters, M, Defendant B, and E, the initial domestic business entity that solicits “H” by advertising the said “H” to domestic investors, the director of the Hong Kong Branch of H and the J (State), the director of the Party’s headquarters established in the Republic of Korea, and the actual operator of the J (State), and K as the wife of the said G, the representative director of the I (State), L, the director of the Party’s headquarters that advertises investors, M, and E, the director of the Party’s headquarters that performs the role of promoting investors in the Republic of Korea; the director of the domestic business entity that attracts investments by advertising the said “H” to the domestic investors; the person who requested the creation of the domestic website as the person in charge of publicity of H; and the representative director under the name of the J (State); and the defendant F, as the representative director of the J (State).

The Defendants were willing to attract investment funds to many and unspecified persons by explaining to the effect that “In the event of investment in the H company’s emergency stocks, the Defendants may gain a big benefit by listing at the Hong Kong capital, and would return twice the investment funds if not listed.”

Any person who intends to make an agreement to pay the total amount of investment or an amount exceeding it in the future to raise funds from many and unspecified persons, and to receive contributions, shall grant authorization, permission, registration, report, etc. under Acts and subordinate statutes.

Nevertheless, the Defendants did not obtain authorization, permission, registration, etc. under the relevant laws and regulations along with G, K, M, L, and false name recruitment measures, and around September 6, 2015, the H office located near the subway Station in Dongjak-gu Seoul Metropolitan Government and “H” company that manufactures electric vehicles in China is expected to be listed on the Hong Kong Stock Exchange within two years, and if listed, the Defendants would have made a contribution on investment of several times.

If an investment is made, the shares of the said H will be paid. If the listing is known, twice the amount of the investment will be guaranteed.

d.

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