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(영문) 부산지방법원서부지원 2020.09.03 2019고단833 (1)
유사수신행위의규제에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B The office of "D" has been placed on the 3rd floor of the building in South-gu, South-gu, and the general responsibility is to receive and manage investment funds under the EEX (FX) futures trading, and the defendant plays the role of attracting investors and paying dividends to investors.

The Defendant’s public needs at E University Lifelong Education Institute

The proposal was made to the investors F and G, who work as a singing instructor, become aware of the investors F and those who are students, and that the investors can receive 5% profit per month from the investment in EEX (FX) futures trading.

No one shall engage in the business of importing contributions under an agreement with many and unspecified persons for the total amount of contributions or an amount in excess thereof in the future without obtaining authorization, permission, registration, reporting, etc. under Acts and subordinate statutes.

Defendant and B did not obtain the authorization and permission pursuant to the above roles, and B paid 5% dividend of each month to F and G with respect to the investment money collected by the Defendant at the above office on February 26, 2016, and agreed to repay the principal after one year, and then F was transferred KRW 100 million to H securities account in the name of B on the same day from F, and around May 12, 2016, B received KRW 20 million in total from B to the I Bank account in the name of B, and received KRW 30 million from G to the J-securities account in the name of B.

As a result, the Defendant conspired with B without obtaining permission under the laws and regulations.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness B, K, L, F, G, M, N, andO;

1. A detailed statement of each transaction statement, details of each entry and withdrawal transaction, and a detailed statement of each transfer processing result;

1. Each investment agreement;

1. On January 1, 198, the investigation report (the details of the withdrawal of dividends paid by the suspect) and the statements of financial transaction in detail, the defendant and his defense counsel's assertion.

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