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(영문) 서울중앙지방법원 2019.05.03 2018노2230
유사수신행위의규제에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

The summary of the grounds for appeal (definite or misunderstanding of legal principles) was that the Defendant had not solicited investment against many and unspecified persons, and had the Defendant remit money to the account designated by E and D, but the Defendant did not directly receive money from B.

The Defendant was unaware of the fact that the J did not obtain authorization or permission under the laws and regulations, and did not engage in an act of receiving business without delay.

2. Determination

A. Determination 1 ex officio prior to the judgment on the grounds for appeal, the prosecutor applied for amendments to the indictment of this case at the trial court as follows and applied for amendments to the indictment of this case by adding Article 30 to the applicable provisions of the Criminal Act to the applicable provisions of the Criminal Act. Since the subject of the judgment was changed by this court, the judgment of the court below is no longer maintained. Any person charged prior to the amendment shall not engage in the business of raising money by promising to pay an amount in full or in excess of the amount of investment to an unspecified number of unspecified persons in the future without obtaining authorization, permission, registration, report, etc. pursuant to other Acts and subordinate statutes. Nevertheless, the defendant, on January 2017, had many and unspecified persons, such as B, etc. without obtaining relevant authorization and permission from the Songpa-gu Seoul Metropolitan Government Skdong-dong, where it is called “A Bank of Korea where the principal is invested for three years, and currently in Song Branch-dong.” In so doing, the defendant, who received a change in the name of “the defendant shall return the principal at any time before three months.”

(C) On April 7, 2017, the corporate name of the representative director and C Co., Ltd. was changed to C.

hereinafter referred to as “C”

A brand called "K" as an in-house director of K, is pawned franchise.

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