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(영문) 창원지방법원 2017.04.20 2017고정194
유사수신행위의규제에관한법률위반
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall engage in any similar receipt business engaged in a business of raising funds under the pretext of investments, etc. under an agreement to make payment of the total amount of investments or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization or permission from the authorities or making registration or report, etc.

Nevertheless, the Defendant may receive management points, i.e., a 30 percent of the principal of the investment made by a subordinate investor, 20 percent of the following day of the payment of the investment, and 30 percent of the principal of the investment made by a subordinate investor, 20 percent of the principal of the investment made by the subordinate investor, 20 percent of the principal of the investment made by the subordinate investor, 30 percent of the principal of the subordinate investor, 20 percent of the principal of the investment made by the subordinate investor, and 3 to 5, and 10 percent of the principal of the investment made by the investment made by the subordinate investor. The investment funds received as above shall be paid as profits through various profit-making businesses, such as C shopping mall.

Around January 11, 2016, “Around January 11, 2016, it received KRW 2.2 million from the victim D who has explained the business to the purport of “,” and recommended investment, and received 114,650,000 as an investment, as shown in the crime list,” attached to “A similar receipt of KRW 114,650,00 as an investment.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of transactions by account;

1. Project explanatory note;

1. Application of Acts and subordinate statutes to investigation reports (the amount of damage sustained by investors);

1. Article 6 (1) and Article 6 (3) of the Act on the Regulation of Similar Receipt of Punishment and the Optional Receipt of Punishment (generally, selection of fines) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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