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(영문) 서울중앙지방법원 2017.08.22 2016고정3840
유사수신행위의규제에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. No person who outlines the facts charged shall engage in business of importing contributions under an agreement with many and unspecified persons to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission or making registration or report;

Nevertheless, on December 4, 2015, the Defendant, at the Seocho-gu Seoul Metropolitan Government E-M (main state), invested in G in the converted bonds (CB), “F is a company investing in H, I, and is subject to investment in a large number of KOSDAQ-listed companies, such as H, I, and KOSDAQ-listed companies. The subject of investment is not limited to the converted bonds and KOSDAQ-listed companies, but remains in the business of E-M-based farms, China, and Vietnam Exchange Holdings, and as a merchant bank, the Defendant pays a fixed interest on a monthly basis and guarantees high income.

As stated in the list of crimes in annexed Form 261,00,000 from the time on April 15, 2016, a national bank account in the name of F (State) was remitted to KRW 10,000 under the name of the national bank by soliciting an investment to the effect that “in the future,” received an amount exceeding the amount of investment, and received 361,00,000 won in total from that time to April 15, 2016.

2. According to each evidence duly adopted and examined by this Court, the Defendant is recognized as the head of the business team belonging to K, who is the representative director of the JJ with interest on the F Center head, and the head of the business team belonging to K, who recruited investors and received certain fees in return.

However, the following circumstances acknowledged by each of the above evidence, namely, the Defendant received education from K on the operation and management of the investment funds of each of the instant companies, its revenue structure, and the internal circumstances of each of the instant companies, and offered investors based on the education, and received fees from K.

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