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(영문) 창원지방법원 마산지원 2013.05.21 2013고정168
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall engage in a business which agrees to pay the whole amount of principal of any capital in the future or any amount in excess thereof by raising funds from many and unspecified persons without obtaining authorization, permission, registration or report under finance-related Acts and subordinate statutes, and receives money under the pretext of contributions, etc.

Nevertheless, the Defendant, in collusion with C, D, etc., may raise high profits if it invests in money from the said C. If it is intended to invite investors, it shall be paid 5% of the amount invested by the investors as the introduction expense. ① around November 18, 2011, the Defendant, upon receipt of a proposal, may obtain from the Victim F in the Etel 302 of the Chang-gu, Changwon-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, and then bring these products into dumping, and then raise high profits if sold. For instance, if it is invested in KRW 1 million, it shall be paid KRW 3 million per day except for holidays, and it shall be paid KRW 100,000,000 in total under the same name of KRW 3 million for investment, and shall be paid KRW 100,000 by receiving KRW 2,000 in the same place as the victim’s investment, and shall be paid KRW 100,500,000 in the same manner as the victim’s investment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 6 (1) and Article 3 of the Act on the Regulation of Conducting Fund-Raising and Receiving Penalties without Permission; Article 30 of the Criminal Act; Article 30 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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