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(영문) 서울중앙지방법원 2013.10.10 2013고단3197
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall engage in a business of importing contributions from many and unspecified persons under the agreement to pay the total amount of contributions or the amount in excess thereof in the future without obtaining authorization or permission, making registration or report, etc.

In collusion with D, the Defendant did not obtain authorization, permission, registration, report, etc. from the competent authority, and the Defendant received 20 million won from E and F in total through E through the Defendant, as shown in the attached Form of Crimes, including, but not limited to, the fact that “D may make an investment at a level of 4.5 to 6.4% per month by investing in stocks, options, etc. through G companies working by D, and the principal may be returned at any time when it is desired.” D, around June 16, 2006, received KRW 30 million from G offices of the 10th floor Seoul, Gangnam-gu Seoul, Seoul, for investment purposes, from E, as shown in the attached Form of Crimes Day.

Accordingly, the Defendant conspiredd with D to receive the fund without delay.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of suspect examination of D by the prosecution (including the statement portion of the accused);

1. An interrogation protocol of the accused by the prosecution (including the E and F's statement);

1. Application of Acts and subordinate statutes to each specification of transactions and certificate of transfer of Internet banking transfer (No. 3, 12, and 13 the evidence list);

1. Articles 6 (1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission under Relevant Acts concerning Crimes, and Article 30 of the Criminal Act;

1. In light of the fact that the investment amount was deposited in D personal passbook and the certificate of investment was not prepared for the issues of Article 62(1) of the Criminal Act (see, e.g., circumstances leading to the crime and the fact that the Defendant had no criminal record), the Defendant also seems to be aware that D is an act of fund-raising and fund-raising by personal and non-public offering.

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