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(영문) 창원지방법원 마산지원 2017.08.18 2017고정294
사기등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the head of the Msan Center, was engaged in investment solicitation activities, as the interests of low-income investors in C of similar recipients operated by B, etc.

1. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in any similar receiving business of an agreement by which many and unspecified persons agree to pay the whole amount of their investments or an amount in excess thereof in the future without obtaining authorization or permission, making registration, or making a report, etc., under the said Acts and subordinate statutes;

In order to conduct business of raising funds, there is no fact that the defendant has obtained authorization, permission, registration, report, etc. under Acts and subordinate statutes.

The Defendant around June 2015, at the inspection of D'E located in the Changwon-si, the Changwon-si, the Defendant: (a) had investment companies related to the Chinese curios (C); (b) paid the principal and profit of each share for six months; and (c) made an investment in the company, the Defendant much higher than the bank interest.

If an investment of KRW 3,90,000 per old account is made, it will be possible to make a profit of KRW 2,00,000 with the principal after six months.

“Around July 3, 2015, F was transferred KRW 15.6 million from F to the Agricultural Cooperative’s account (G) in the name of the Defendant for four old accounts.

On June 16, 2015, the Defendant received KRW 11,70,000,00 from the said place to H for the said purpose as above, from the said place to the Agricultural Cooperative Account (G) in the name of the Defendant, around July 16, 2015.

Accordingly, the defendant agreed to pay a total amount of investment or an amount exceeding it in the future from many and unspecified persons, and the defendant was engaged in a similar receiving act of financing through the receipt of investment.

2. On June 2015, the Defendant: (a) at the location described in paragraph (1) around the end of June, 2015, the Victim F, “C has been engaged in Chinese curios-related investment companies, which are called C; (b) paid the principal and profit of each share for six months; and (c) the Bank.

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