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(영문) 서울동부지방법원 2018.08.30 2018고단351
방문판매등에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person who has been affiliated with C(State) D and has been attracting investments, E is a founder and representative of F(State) and C(State), a person who has been attracting investments under the pretext of investment in the FX-M transactions, and G is the head of a branch office of D.

No one shall conduct any financial transaction without any transaction of goods, etc., or actually conduct any financial transaction by pretending any transaction of goods, etc. using a multi-stage organization or any similar organization that is comprised of persons who have joined a multi-stage group.

Nevertheless, before October 2014, E had the F (main) office located on the eightth floor of H building in Yeongdeungpo-gu Seoul Metropolitan Government, and after October 2014, at the I building in Yeongdeungpo-gu Seoul Metropolitan Government, the C office and each branch office in the 23th floor, the branch office head shall have a multi-level business organization consisting of the head of the team, the head of the headquarters, and the head of the team, who shall appoint part of the person he/she has opened as the team leader in accordance with the investment attraction performance by each branch office. If E pays 5-7% of the monthly investment attraction to each branch office, he/she shall pay the remainder after deducting the dividend paid to investors by the head of each branch office, the head of the headquarters, the head of the team, and the head of the group, and the head of the group. Accordingly, G operated the C (main) branch office in the 14th floor of Gangnam-gu Seoul Metropolitan Government J building.

The defendant, using the aforementioned multi-level organization, raised a large amount of income from the overseas business that he/she operates, such as FX M&C brokerage business, to K on July 8, 2016.

When investing in E’s business, K made an investment by requiring K to deposit KRW 20,000,000 on the same day into the City Bank account under the name of E under the pretext of investment, stating that it shall guarantee the 1-10% dividend of profits each month with its profits, and return the principal after one year.

Accordingly, the defendant in collusion with E and G makes a monetary transaction without trading goods, etc. or disguises the transaction of goods, etc. using a multi-level similar organization.

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