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(영문) 서울중앙지방법원 2015.10.14 2015고단1625
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 28, 2014, the Defendant was sentenced to a suspended sentence of three years for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court, and the said judgment became final and conclusive on June 6, 2014.

1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission or making registration or report under Acts and subordinate statutes shall receive contributions from an unspecified number of persons under an agreement to pay the total amount of contributions or an amount in excess thereof in the future;

A. Nevertheless, on July 29, 2010, the Defendant written a notice stating that “G” is “G” in the title “N” on the NAF, from August 6, 2010 to August 29, 2010, the Defendant would be able to participate up to 40 % of the total amount of KRW 50,000 per unit, including the principal.” Accordingly, the Defendant received a total of KRW 3.1 billion from August 6, 2010 to August 29, 2010 as indicated in the attached list of crimes (1).

B. Nevertheless, around July 5, 2012, the Defendant written a notice stating, “H” as the title “F” on the NAF, from July 20, 2012 to July 20, 2012, the Defendant received a total of KRW 1.61 billion from July 15, 2012 to July 20, 2012, for a total of KRW 1.6 billion, including the principal.”

2. Around August 10, 2011, the Defendant: (a) extended the lending period for some 3.1 billion won of the 3.1 billion won loaned to I from many members, such as the foregoing paragraph 1(a); (b) received deposits from I in KRW 155 million as interest; and (c) kept for victims at will around that time.

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