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(영문) 대구지방법원 2013.09.25 2013고정123
유사수신행위의규제에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, who was in office as the head of the D Daegu Daegu Branch Co., Ltd. located in Daegu Dong-gu, and was promoted as if he could raise a large number of profits through the sale of mushroom farms located in Gangwon-do and operated by the said company, along with E, the representative director of the D, and planned to receive money from many unspecified persons for the purpose of investment.

No one shall make an agreement to pay the total amount of investments or an amount in excess thereof to an unspecified number of unspecified persons in the future without obtaining authorization or permission from, making registration with, or making a report, etc. to, the competent authority without having received the investments.

Nevertheless, around October 8, 2010, the Defendant, at the office of the above D Daegu Branch, held a “project explanation meeting” with the above E, and made a false statement to the effect that “A Co., Ltd. (D) owns a white and mushroom farm in Gangwon-do and pays a large amount of profits from white and production. If 5.60,000 won are invested in 5.60,000 won per one unit of member, the Defendant may bring profits of 7.2 million won per week from the next 300,000 won per week, and may also use it, such as a golf course, exclusive agreement, etc.”

However, the defendant or the above D did not have the ability to make profits for the investors even if he or she received the investment money, since it did not own or make a white farm and did not have any technology for farming.

As such, the Defendant, together with the above E, deceiving the above F, and its affiliated month from the F.

9. The sum of KRW 27,800,000 in the deposit account in the above D’s name for five unit investments, and KRW 11,120,000 in the name of the former unit investments on November 2 of the same month.

Accordingly, in collusion with the above E, the defendant was engaged in the same fund-raising business, and acquired property from the above F for the purpose of investment.

Summary of Evidence

1. Part of the defendant;

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