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(영문) 서울중앙지방법원 2017.08.22 2016고정3841
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 6, 2015, the Defendant, at the E (ju) office located in Seocho-gu Seoul Metropolitan Government, recommended the investment of F to the effect that “E is a company investing in converted bonds (CB) and investing in a large number of KOSDAQ-listed companies such as G, H, etc., and the subject of investment has reached an entertainment business for converting bonds and KOSDAQ-listed companies, not limited to investment in financial instruments such as conversion bonds and KOSDAQ-listed companies, and therefore, as a merchant bank, the Defendant agreed to pay an amount exceeding the amount of investment in the future by making an investment to the effect that “E shall pay a fixed monthly interest and guarantee high profit if it is invested in six-month goods,” and received KRW 10,000,000 from April 4, 2016 to KRW 370,05,000 in total, as shown in the attached list of crimes, and received KRW 370,500,000 from April 4, 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 the J, the representative director of the E Center, who is the head of the E Center I, and the head of the business team who is the representative director of the E Center I, to recruit investors and receive certain fees in return.

However, the following circumstances acknowledged by each of the above evidence, namely, the Defendant received education from the J on the investment goods and received the fees from the J, without knowing the operation and management of the investment funds of each of the instant companies, their revenue structure, and the internal circumstances of each of the instant companies.

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