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(영문) 서울중앙지방법원 2016.11.01 2016고단1334
유사수신행위의규제에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on the Regulation of Conducting Fund-Raising Business without Permission is the representative director, who is a door-to-door seller in Dongjak-gu, Seoul, from January 15, 2014 to March 5, 2015.

No one shall engage in any business of raising funds from many and unspecified persons without obtaining authorization, permission, making registration, making a report, etc. under other Acts and subordinate statutes, and agree to pay the total amount of investments in the future or an amount in excess thereof in the future without receiving the investments, etc.

Nevertheless, the Defendant, without obtaining authorization or permission, making registration, or filing a report, etc., and, around April 18, 2014, stated that “to pay KRW 1 million per 770,000 per 10,000 won per 10,000 won per 10,000 won per 770,000 won” to G from around August 25, 2014, the Defendant received KRW 31,570,00 from G from around August 15, 2014 to around July 3, 2014 by the same method, and received KRW 29,935,00 from H from around January 15, 2014 to around March 5, 2015.

2. The Defendant, as in paragraph 1, operated the FF and received investments from victims G, victims H and new investors, did not have the intent or ability to normally conduct the sales business of goods, such as shoes and cosmetics, and even when there was a situation in which it is impossible to bring particular profits from the absence of its own business, the Defendant was bound to take a "recept of the full amount of investments or the excess amount to be repaid in order by using the investment funds attracting from subordinated investors," and as long as there was no continuous increase in the supply of new investors under such business structure.

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