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1. All appeals filed by the Plaintiff and Defendant B are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
Reasons
1. Facts of recognition;
A. D has planned to operate a fund-raising business without obtaining authorization, permission, registration, reporting, etc. from the competent authorities with a view to attracting investment funds in a manner that solicits unspecified multiple investors to guarantee the principal and interest of every month’s investment funds by inviting them to run a fund-raising business.
B. Defendant C was sentenced to ten months of imprisonment on January 25, 2018 due to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission (Seoul District Court Decision 2017Ma1195). The facts constituting the crime are as follows.
Defendant C appealed against this and filed an appeal with the Chuncheon District Court 2018No145, but the appeal was dismissed, which became final and conclusive on April 25, 2018.
(hereinafter “The instant final and conclusive judgment” (hereinafter “F”). Defendant C, while operating “F” without authorization or permission under the relevant laws and regulations with respect to the receipt of investment money, etc., came to know that it promised to guarantee the payment of principal and interest to an unspecified number of investors and attracting investment money under the pretext of overseas stocks and national bond investment funds, Defendant C, upon receiving a proposal from D that “if an investor is recruited to make an investment and make an investment in F, he will pay to F money equivalent to 1% of the investment money invested by an investor who was recruited to receive a penalty as an introduction allowance,” and was willing to encourage the surrounding people to make an investment in F.
Defendant C refers to the purport that, around January 30, 2015, “H Private Institutes” located in G in the Republic of Korea, “I operates F, and there is a lot of profit from investing in stocks and bonds of the United States.” The purport of Defendant C is that “F will guarantee the principal of an investment, and pay interest equivalent to 2% of the investment amount,” and that “I will receive KRW 56,000,000 from I as an investment deposit, from that time until August 20, 2017.”