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(영문) 창원지방법원 마산지원 2014.02.20 2013고정611
유사수신행위의규제에관한법률위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

D is the representative director, the financial director of the E, the financial director of the defendant B, and the defendant A is the head of the Masan Branch.

No one shall conduct an act of importing contributions under an agreement to make payments for the total amount of contributions or an amount in excess thereof to many and unspecified persons without obtaining authorization or permission pursuant to Acts and subordinate statutes.

A. On October 23, 2010, the Defendants, in collusion with D, recommended investors F to make an investment by guaranteeing high profits, such as that “I will give profits at the rate of 20% per month when investing in the insurance agency, I will impose a penalty of KRW 100 million,” and received one copy of the check of KRW 30 million from F.

B. On October 29, 2010, the Defendants, in collusion with D on October 29, 2010, solicited investors F to guarantee high-income, such as: (a) “I will give a profit equivalent to 20% per annum 2500% per annum” to investors F to “I will give a profit equivalent to 20% per annum; and (b) there will take place a huge profit”; and (c) received money KRW 30 million from F to the accounts of Dong G of Defendant B.

As a result, the Defendants agreed to pay an amount exceeding the full amount of the investment in the future by importing the sum of KRW 60 million from F in the name of the investment money two times, and imported the investment money.

Summary of Evidence

1. Legal statement of witness F, and part of witness D's legal statement;

1. Some police interrogation protocol regarding Defendant B

1. The suspect interrogation protocol of some police officers against Defendant A;

1. Each police suspect interrogation protocol regarding D;

1. The performance agreement on the support for insurance business;

1. Application of Acts and subordinate statutes to a copy of a bankbook and an insurance business assistance agreement;

1. The Defendants: Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission; Article 30 of the Criminal Act; and the Defendants’ choice of fines.

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