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(영문) 서울중앙지방법원 2019.03.29 2018고단7372
유사수신행위의규제에관한법률위반
Text

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

From January 2013, the Defendant served as a member of C Co., Ltd. (hereinafter “instant company”) operated by B to receive contributions under the pretext of investment in the distribution business of electronic equipment from around January 2013.

No one shall make an agreement to pay the total amount of contributions or an amount in excess thereof to an unspecified number of persons in the future without obtaining authorization, permission, etc. or making registration, report, etc., and receive contributions from such unspecified number of persons

Nevertheless, the Defendant served in the instant company run by B, and served as a role to attract investors, and was willing to receive dividends, etc. on investment returns.

around January 21, 2013, the Defendant, along with B, etc. at the office of the company of this case of the first floor of the Gangnam-gu Seoul DD Building, recommended the investment to the effect that “I will make a high profit by purchasing electronic equipment and daily necessities and selling them at high prices. If I make an investment of KRW 1,00,000 in one unit, I will make a settlement of KRW 1,200,000 in total over 30 times per day from the following day after the investment, and will receive KRW 3,00,000 as an investment, and from January 18, 2013 to pay KRW 1,200 per day.”

5. By the time of June, 16, a total of KRW 6,534,00,000 was received from 1,055 times in total as shown in the annexed crime list.

As a result, the Defendant conspired with B, etc. without obtaining authorization or permission under other Acts and subordinate statutes or making registration or report.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor’s statement in B;

1. Each prosecutor's protocol of interrogation of B, F, G, H, I, J, K, L, or N (Duplicates);

1. Details of the receipt and disbursement of the corporate register, B’s M bank account, and those recommended by the Corporation, such as COPEEN two copies, the head of headquarters, etc.;

1. Application of Acts and subordinate statutes to each investigation report (No. 85,93,203 No. 85,93,203);

1. The act of receiving criminal facts without permission under the corresponding provision of the Act; and

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