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(영문) 수원지방법원 성남지원 2017.01.11 2016고단2506
유사수신행위의규제에관한법률위반방조
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the owner of the E-agency in D, a private company that sells and re-consigns a prompt-name machinery and appliances.

No one shall receive similar payments of contributions under an agreement with many and unspecified persons for the payment of the total amount of contributions or an amount in excess thereof without obtaining authorization or permission under Acts and subordinate statutes.

Nevertheless, on September 24, 2015, F, the president of the above company, was sentenced to 12 years of imprisonment with prison labor due to a violation of the Act on the Regulation of Similar Receiving Acts at the Jeonju District Court, and the judgment was finalized on May 2, 2016.

From June 3, 2013 to June 2, 2015, etc., under the agreement to the effect that, without obtaining authorization or permission under the relevant Acts and subordinate statutes, from June 3, 2013 to June 2, 2015, “if an investment of KRW 8,800,000,000 is made, 1,2560,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won is paid without a mold for 12 months, in total, more than 68,688,000,000,000,000,000,000 won is paid without a mold,” which is concluded to the effect that “if an investment is made with respect to the business of installing H lending, it shall be paid without molding the principal.

When the above F et al. received similar amounts as above, the Defendant explained the content of the above F’s business explanation to investors affiliated with E agency operated by the Defendant, thereby allowing the victim J et al. to invest a total of KRW 898,390,000 in the said company over 53 occasions, as shown in the List of Crimes, and by facilitating the above F et al.’s criminal act, such as receiving 5% of the investment amount as allowances, and thereby aiding and abetting the above F et al. to receive similar amounts.

On the second trial date, the prosecutor stated the facts charged to delete 35,45,50 Nos. 35, 45, and 50 from the list of crimes in the attached Form.

Summary of Evidence

1. The defendant's partial statement in court;

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