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(영문) 광주지방법원 순천지원 2017.09.07 2016고합94
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant is the head of the branch office of “D”, a similar receiving organization that C established and operated in Gwangju around April 2014, who served as the head of the branch office of “D.”

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

Nevertheless, on March 18, 2015, the Defendant received a total of KRW 20 million from 10 to 30 times, as shown in the list of crimes in the attached Table, from 10 to 30 times, from the office of the D Ingyang-si branch office located in E as of March 18, 2015, in total, KRW 1.25 billion, as shown in the list of crimes in the attached Table.

Accordingly, the defendant, in collusion with C, committed a business of raising funds from many and unspecified persons under the agreement to pay a total amount of investment or an amount exceeding it in the future.

Summary of Evidence

1. Each legal statement of witness G, H, I, J, K, L, M, N,O, and P;

1. Indictment, etc. for G;

1. Application of Acts and subordinate statutes related to D publicity, such as a certificate of transaction confirmation, etc., each investment contract, a detailed statement of investment, receipts, a statement of deposit transaction, a written confirmation of transaction, a written agreement to distribute dividends, and materials of deposits;

1. Article 6 (1) and Article 3 of the Act on the Regulation of Similar Receipt of Punishments, and Articles 6 (1) and 3 of the same Act concerning the facts constituting an offense, and Article 30 of the Criminal Act (integrated, choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Determination on the assertion by the Defendant and the defense counsel under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Orders

1. The summary of the assertion is that the defendant received education on financial products from C, etc., and he/she asked several doubtss as to whether he/she is not an act of receiving similar goods, but is not so.

. Specifically;

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