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(영문) 수원지방법원 2019.03.22 2019고단188
유사수신행위의규제에관한법률위반등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is the chairperson of C, who is a similar receiver of the building in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "B building"), D is the president of the above company, and E is the person who recruits investors in the above company.

1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, or making a registration or making a report, shall engage in the business of fund-raising business without having agreed to pay an amount of investment in the future or an amount exceeding it to many and unspecified persons;

Nevertheless, on October 28, 2010, the Defendant, in collusion with the above D, E, etc., received from the victim F, without authorization, permission, or registration, a gift certificate equivalent to 130% of the purchase price (investment amount) after one week, in collusion with the above C Office on October 28, 2010, to the effect that “if an investment is made in the purchase of a gift certificate, he shall pay the principal and 5.8% dividends after exchanging it in exchange.” The Defendant received KRW 10 million from the victim as an investment deposit for the same day from the victim and received from the victim from the same day until January 17, 2011, the Defendant engaged in an act of fund-raising without delay, such as receiving a total of KRW 4 billion 587 times in total as shown in the attached list of crimes.

2. The fraud defendant in collusion with the above D, etc. is a structure of making a repayment of principal, earnings, introduction allowances, etc. to senior investors by using the investment funds attracting from junior investors without any special profit structure in the case of the above C. Thus, insofar as a new investor is not continuously confined, it is deemed that the defendant will continue to pay the high-rate profits or allowances, such as the preceding paragraph, even though there is no intent or ability of the new investor to continuously pay such profits or allowances, and such payments are made by the victims up to 587 times in total as investment funds.

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