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(영문) 서울동부지방법원 2019.03.26 2018고정657
유사수신행위의규제에관한법률위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged shall not engage in an act of receiving contributions under an agreement with many and unspecified persons for payment of the total amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission, or making registration or report, etc. under other Acts and subordinate statutes;

Nevertheless, while serving as the head of the business team of the corporation B, the defendant, between C and D, the representative of the above company, proposed to attract investment funds by explaining the investment goods of the above company to many unspecified customers, and C and D, to pay to the defendant about 8 to 10% of the investment funds.

Accordingly, without registering with the competent authorities, the Defendant, at the office B located in Seocho-gu Seoul, Seoul, based on the product description data prepared by the said corporation, provided that “The fixed interest is paid for each investment product, and the principal shall be repaid at the maturity of the principal and interest at the time of maturity. It is guaranteed that there is a total of 30 billion won in the compensation account for losses. It is a legitimate product that has undergone a review by the law firm as a product participating in the increase of capital by acquiring the preferential share for repayment conversion.” From September 27, 2016 to August 10, 2017, the Defendant received KRW 124,100,000 from four investors, such as F, G, H, and I, for 35 times as indicated in the attached list of crimes, from September 27, 2016 to August 20, 207.

Accordingly, in collusion with C and D, the Defendant agreed to pay the total amount of investment or an amount exceeding it in the future from many unspecified persons without authorization, permission, registration or report.

2. According to the evidence duly adopted and examined by this court, it is recognized that the defendant recruited investors on investment goods sold by the defendant in Company B (hereinafter “B”), and received a certain fee in return, but on the other hand, the above evidence.

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