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(영문) 대구지방법원 2014.03.07 2013고단6754
유사수신행위의규제에관한법률위반
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Criminal facts

H is the representative director of J, Inc., Ltd., the Gyeonglbuk-gun, and K is the general director of the above J, and the defendants, L, M, N,O, P are the investors recruitment measures of the above J.

No one shall engage in a business of raising funds, such as receiving investments, under an agreement to make payments for the total amount of investments or an amount in excess thereof from many and unspecified persons without obtaining authorization, permission, registration, reporting, etc.

From March 29, 2012 to October 5, 2012, the Defendants conspired with the above H, K, L, M, N,O, and P, invited Q to make an investment of 30% interest for 100 days in the said J office, and to pay in installments the principal and interest every day except Saturdays, Sundays, and holidays. After concluding an agreement with Q as above, the Defendants received KRW 40,000,000 as an investment amount from Q from March 29, 2012 to October 5, 2012, the Defendants received an investment of KRW 5,061,382,000 in total from 143 investors as indicated in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each interrogation protocol of the prosecution against L, H and K;

1. The police interrogation protocol of the Defendants, M, N,O, P, L, H, and K

1. Each police statement of Qu, R, S, and T;

1. A certified copy of each loan certificate, each transaction by passbook, and a certified copy of the corporate registry;

1. Each investigation report (to hear a complainant U telephone statement, hear a complainant's V telephone statement, hear W telephone statement, hear a complainant's X telephone statement, and organize the details of deposits into the HF account);

1. Application of the Act and subordinate statutes to hear and report on telephone statements (tline for Witnesses);

1. Article 6 (1) and Article 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and Articles 6 (1) and 3 of the same Act concerning facts constituting an offense, and Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, each of the suspended execution;

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