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(영문) 광주지방법원 2019.01.16 2018고단2708
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of corporation B.

No one shall engage in any fund-raising business without obtaining authorization or permission, or making registration or report, etc. under Acts and subordinate statutes, under which many and unspecified persons agree to pay the total amount of investments or an amount in excess thereof in the future, and which is engaged in raising funds with investments.

Nevertheless, around October 17, 2016, the Defendant recommended D to make an investment in the office of the Co., Ltd. located on the third floor of the Seo-gu Seoul building in Seo-gu, Seo-gu, Gwangju to the effect that “I will make an investment from investors and make a profit by making an investment in the E Bank operated by the Company.” Since the annual interest rate of the E Bank is at least 20% average, E Bank is in a structure that makes profits even after deposit with the Mongolia Bank, and there is profits accrued profits from the company even after making an annual payment of 10% per annum for the profit dividends on the investment funds. As such, the Defendant would return the principal of the investment after one year, and pay 10% with the dividend.”

Thus, on October 17, 2016, the Defendant received KRW 20 million from D to F bank account (G) in the name of F Bank account under the name of F Bank account (G) and received KRW 3,289,680,000 in total as investment money over 76 times from October 1, 2016 to April 1, 2018, as stated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the H undisclosed association agreement, corporate register (B), statement of account transactions in the F Bank Corporation B, and the current status of investors Acts and subordinate statutes;

1. Article 6 (1) and Article 3 of the Act on the Regulation of Illegal Receipt of Criminal Crimes and the Act on the Regulation of Optional Receipt of Punishment, and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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