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(영문) 광주지방법원 2015.07.30 2014고단3999
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall engage in business of receiving contributions under an agreement to make payment of the total amount of contributions or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization, permission, making registration or making a report under other Acts and subordinate statutes.

The Defendant, as a member of the “C Farming Partnership” for the purpose of raising, selling, etc. of the raising, selling, etc. of the raising, selling the raising, etc. of the raising, explaining to the effect that, without obtaining authorization, permission, registration, or reporting with D, E, a director of the said legal entity, the said legal entity, “if an investment is made in the raising money business, a profit of 3% per month guaranteeing the principal shall be paid.” Accordingly, the Defendant offered to receive money in the name

around January 6, 2012, the Defendant explained to the victim J in the Seoul metropolitan branch office located in the 6th floor of the Gwangju metropolitan branch office in Gwangju metropolitan Dong-gu, Gwangju, that “I will not purchase feed separately, create food sludge, and raise pigs. It is possible to pay 3% interest every month, and the principal will be guaranteed six months after the payment of interest.” The Defendant received checks or in cash from the victim by explaining that “E will explain the specific investment method to the victim, including KRW 20 million around January 6, 2012, KRW 30 million around January 20, 2012, KRW 20 million around May 3, 2012, KRW 70 million in total, and KRW 70 million in cash or around May 3, 2012.

Accordingly, the defendant, in collusion with D, E, etc., engaged in an act of fund-raising business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and J;

1. Each prosecutor's protocol of examination of the accused;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Details of transactions in each account;

1. A copy of judgment;

1. Documents related to civil procedures submitted by a complainant;

1. Application of Acts and subordinate statutes on investment certificates;

1. Article 6 (1), 3, and 6 of the Act on the Regulation of Conducting of Optional Receipt of Criminal Proceeds and the Optional Receipt of Punishment

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