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(영문) 서울중앙지방법원 2013.10.02 2013고정4230
유사수신행위의규제에관한법률위반
Text

Defendants shall be punished by a fine of KRW 7,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of the B farming association located in the fifth floor of Gangnam-gu Seoul Metropolitan Government, and the defendant B farming association is a corporation established for the purpose of the business of agriculture, water industry management, group cultivation, and group fishing.

No one shall engage in any fund-raising business without obtaining authorization, permission, or making registration or report pursuant to Acts and subordinate statutes under an agreement to pay an unspecified number of persons a total amount of future contributions or an amount in excess thereof, and then receive contributions from such unspecified number of persons.

1. On October 22, 2012, Defendant A received 57,850,000 won in total from 52 persons from May 31, 2013 to 657,850,000 won in total from 52 persons from the National Bank Account (E) in the name of the Defendant and received without delay as stated in the list of crimes, by stating that “When investing in our company, it would create profits by developing screen riding machine and return the profits therefrom,” from investors D.

2. The Defendant B, at the time and place under Paragraph 1, committed the same violation as Paragraph 1, in view of the duties of the Defendant, who is the representative of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Answer of execution of a warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes to all the registered matters;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 6(1)3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission; the choice of fines

B. Defendant B farming association corporation: Articles 7 and 6(1)3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission; selection of fines

1. Defendant A to be detained in a workhouse: It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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