CONTENTS
- 1. The Client Who Sought Help from a Suncheon Attorney Specializing in Criminal Law
- - Suncheon Attorney Specializing in Criminal Law: The Fraud and Unauthorized Fund-Raising Perpetrators Acted in an Organized Manner
- - What Is Unauthorized Fund-Raising, as Explained by a Suncheon Attorney Specializing in Criminal Law?
- - Violation of the Act on the Regulation of Unauthorized Fund-Raising, Examined with a Suncheon Attorney Specializing in Criminal Law
- 2. Suncheon Attorney Specializing in Criminal Law: “The Client Was Deceived by the Defendants' Misrepresentation and Invested”
- - Suncheon Attorney Specializing in Criminal Law: Documentary Evidence Such as a Contract Exists
- - Suncheon Attorney Specializing in Criminal Law: The Client's Acquaintance Was Also Deceived by the Defendants and Suffered Severe Investment Harm
- 3. As a Result of the Suncheon Attorney's Assistance, the Defendants Received Actual Custodial Sentences
1. The Client Who Sought Help from a Suncheon Attorney Specializing in Criminal Law
The client who sought help from the Suncheon attorney specializing in criminal law suffered harm from fraud and unauthorized fund-raising.
According to the client, he had been acquainted with one of the perpetrators and, believing a statement that there was a good opportunity, visited a financial company.
However, the company the client visited was posing as a financial business and was not in a position to preserve the principal or pay dividends after receiving the client's money.
The client signed an investment contract and went so far as to recommend it to people around him.
Although the perpetrators, who carried out unauthorized fund-raising amounting to several hundred million won, were unable to repay the money to the client and the client's acquaintances, they drew in numerous people and committed a multi-level fraud.
Suncheon Attorney Specializing in Criminal Law: The Fraud and Unauthorized Fund-Raising Perpetrators Acted in an Organized Manner
The Suncheon attorney specializing in criminal law confirmed that the client had been deceived by perpetrators who acted in an organized manner.
The client wanted the perpetrators to receive heavy punishment and entrusted the matter to the Suncheon attorney specializing in criminal law.
What Is Unauthorized Fund-Raising, as Explained by a Suncheon Attorney Specializing in Criminal Law?
The Suncheon attorney specializing in criminal law explains that unauthorized fund-raising is the act of raising funds from an unspecified number of people as a business, without obtaining the authorization or permission required under the relevant statutes or without completing the required registration or report.
The following are the acts that constitute unauthorized fund-raising.
▲ Receiving contributions under an agreement to pay, in the future, the full amount of the contributions or an amount exceeding it
▲ Receiving money under the name of deposits, installment savings, installments, or trust deposits, under an agreement to pay, in the future, the full amount of the principal or an amount exceeding it
▲ Issuing or selling bonds under an agreement to repurchase them, in the future, at or above the issue price or sale price
▲ Receiving money under the name of membership fees or similar, under an agreement to make up future economic losses with money or securities
Violation of the Act on the Regulation of Unauthorized Fund-Raising, Examined with a Suncheon Attorney Specializing in Criminal Law
Together with the Suncheon attorney specializing in criminal law, we will examine the criminal punishment that may be imposed for a violation of the Act on the Regulation of Unauthorized Fund-Raising.
What is the punishment for unauthorized fund-raising?
Act on the Regulation of Unauthorized Fund-Raising
Article 3 (Prohibition of Unauthorized Fund-Raising) No person shall engage in unauthorized fund-raising.
Article 4 (Prohibition of Labeling and Advertising of Unauthorized Fund-Raising) No person shall, for the purpose of engaging in unauthorized fund-raising, carry out labeling or advertising concerning that business (meaning labeling or advertising under the Act on Fair Labeling and Advertising) directed at an unspecified number of people.
Article 5 (Prohibition of the Use of a Trade Name Similar to a Financial Business) No person shall, for the purpose of engaging in unauthorized fund-raising, use within its trade name a designation that may be recognized as a financial business and that is prescribed by Presidential Decree.
Article 6 (Penalty Provisions) ① A person who, in violation of Article 3, engages in unauthorized fund-raising shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 50 million won.
② A person who carries out labeling or advertising in violation of Article 4 shall be punished by imprisonment for not more than 2 years or by a fine not exceeding 20 million won.
Article 8 (Administrative Fines) ① An administrative fine not exceeding 50 million won shall be imposed on a person who, in violation of Article 5, uses a trade name similar to a financial business for the purpose of engaging in unauthorized fund-raising.
② The administrative fine under paragraph (1) shall be imposed and collected by the Financial Services Commission, as prescribed by Presidential Decree.
2. Suncheon Attorney Specializing in Criminal Law: “The Client Was Deceived by the Defendants' Misrepresentation and Invested”
Through detailed consultations with the client, Daeryun Law Firm formed a team of attorneys specializing in this field, made up of several professionals with extensive experience in unauthorized fund-raising matters.
The Daeryun team of specializing attorneys argued that the defendants had used a designation that could be recognized as a financial business and had deceived the complainant in order to receive money. The team further demonstrated that the complainant's harm was severe as a result of the defendants' misrepresentation, and requested that they be punished to the fullest extent.
Suncheon Attorney Specializing in Criminal Law: Documentary Evidence Such as a Contract Exists
The Suncheon attorney specializing in criminal law emphasized that the complainant had prepared a contract with the defendants containing terms such as a guarantee of the principal.
Suncheon Attorney Specializing in Criminal Law: The Client's Acquaintance Was Also Deceived by the Defendants and Suffered Severe Investment Harm
The Suncheon attorney specializing in criminal law argued that the client's acquaintance had also been deceived by the defendants and proceeded with an investment, and that, having ultimately been unable to recover it, the resulting harm was severe.
3. As a Result of the Suncheon Attorney's Assistance, the Defendants Received Actual Custodial Sentences
The court accepted the arguments of the Daeryun Law Firm Suncheon attorney specializing in criminal law and rendered a judgment stating, “The defendants are sentenced to four years' imprisonment.”
With the assistance of the Daeryun Suncheon attorney specializing in criminal law, the client filed a criminal complaint, and as a result, the perpetrators received actual custodial sentences.
Daeryun Law Firm operates a criminal practice group, in which professionals with extensive experience in criminal matters form specialized teams according to the scale of the matter to handle each case.
In addition, through its evidence investigation, digital forensics, and security groups, the firm directly collects and analyzes evidence that is difficult for an individual to gather, and uses it so that it can be presented at trial.
Because several groups collaborate together, the firm can develop a variety of strategies and respond appropriately according to the circumstances.
A team of 3 to 20 legal professionals in areas such as criminal law and evidence investigation provides representation tailored to the client, so if you need assistance, you may consult the Daeryun criminal practice group at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
