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(영문) 대구지방법원 2012.10.11 2012노366
유사수신행위의규제에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, since the court below acquitted the defendant.

2. Determination

A. The summary of the facts charged of this case shall not import investments or receive money under the pretext of deposits, installment savings, deposits, etc. in order to engage in business of raising funds from many and unspecified persons without obtaining authorization or permission, or filing for registration under relevant Acts and subordinate statutes.

Nevertheless, the Defendants, in collusion with I, did not obtain the authorization or permission under the relevant Acts and subordinate statutes.

The Defendants paid 150,000 won per week to 26 weeks (3.9 million won) if the investors make an investment in 30,000 won per week in order to create profits by door-to-door sales of shampoo and shampin chain stores, and made an investment in 30,000 won per week or if the cumulative sales exceed 30,000 won, the investors made an investment in 80,000 won (2 times per month on 10,25 days), 100,000 won if the division exceeds 100,000 won or if the cumulative sales exceed 14,30,00 won, or if the cumulative sales exceed 300,00 won, the Defendants made an investment in 2.4 million won per week,5 billion won, or if the cumulative sales exceed 50,000 won, the Defendants made an investment in 360,000 won.

In addition, when the investors recommend a subordinate position, 3% of the recommendation fee for the amount invested, 2% of the total amount invested by all investors every month under the pretext of business expenses shall be paid in installments by each class.

Defendants, in collusion with I in the above manner, are investors L (the age of 66) at the K Office in the Daegu Seo-gu J around February 18, 2010.

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