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(영문) 서울중앙지방법원 2016.09.09 2016고단4634
유사수신행위의규제에관한법률위반
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was working as a senior company of “G,” a company with illegal multi-level company, was recruited to receive investment funds from many unspecified persons under the pretext of paying high-profit profits exceeding the principal, while operating a non-registered multi-level company with M, who is an actual operator of the above company, as well as H, adviser I, J, K, L, and M, who is a representative director in the name of the above company.

No one shall receive similar receipt of investments under an agreement to pay the total amount of investments or an amount in excess thereof from many and unspecified persons in the future without obtaining authorization, permission, etc. under Acts and subordinate statutes.

Nevertheless, on January 17, 2014, the Defendant, in collusion with the above H, etc., received KRW 82,680,000 from investors in total 15 times from the date of receipt of KRW 232,680,000,00 in total as investment money, from investors, for 12 months, on the ground that, if the Defendant purchased and re-entrusted the same to the company by purchasing sports equipment, such as sound vibration, etc., at the above-dong general sales office located in N & 1, Gangdong-gu Seoul Metropolitan Government, and then, the Defendant would purchase 50,000 won at the price of 450,000 won per annum after maturity, and then receive KRW 882,00 from the investors from May 15, 2015, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against theO;

1. Application of Acts and subordinate statutes of a product (purchase/Entrustment) contract;

1. Relevant Articles 6 (1) and 3 of the Act on the Regulation of Acts of Receiving Similar Punishments and Articles 6 (1) and 3 of the Criminal Act concerning facts constituting an offense, and Article 30 of the Criminal Act (including cases);

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the following circumstances are shown in the instant pleadings, such as the degree of Defendant’s participation in the sentencing, age, sexual conduct, environment, background of the crime, and circumstances after the crime.

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