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(영문) 부산지방법원 서부지원 2019.10.16 2019고단1550
유사수신행위의규제에관한법률위반등
Text

A defendant shall be punished by imprisonment for four years.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

1. From October 28, 2015 to February 25, 2019, the Defendant, in violation of the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, registration, report, etc. under the Act and subordinate statutes, agreed that “The Defendant shall carry on the business with a large number of unspecified people, such as E, by telephone, etc. from the street to February 25, 2019, and receive an investment of KRW 7% or more of the principal per month during the investment period after the lapse of the investment period of 3 to 12 months and return the principal after the lapse of the investment period,” and that “the Defendant shall receive KRW 1,00,000 from E to the account of G Bank (H) in the name of the Defendant on October 28, 2015, and agreed to pay the total amount of investment or an amount exceeding it in the future, such as the list of crimes in attached Form 199.

2. The Defendant’s principal and interest guarantee fraud: (a) the Defendant did not have any person engaged in the Defendant’s three-years or those who operated the business of processing and distributing pigs from Kimhae-si F; and (b) even if the Defendant received investment money from the victims, it could not invest in the swine processing and distribution business; and (c) there was no particular occupation and there was no intention or ability to pay the principal in return for receiving money from the victims.

Nevertheless, the Defendant, at the time and place specified in paragraph (1), concluded that “The third village is engaged in the business of processing and distributing pigs from Kimhae F, and if it invests in the business, the principal will be returned after the investment period of 3 to 12 months expires, and the principal will be paid at least 7% of the principal monthly during the investment period during the investment period,” and that it received KRW 1 million from the victim E to the G bank account (H) account in the name of the Defendant in the same manner as in the attached list of crimes, such as transfer from the victim E on October 28, 2015.

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