유사수신행위의규제에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is as follows: (a) there was no conspiracy to commit the instant crime with the C Total Book D and the C Office T, etc.; and (b) there was no fact that G recommended investment or agreed to guarantee principal.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
In the first instance trial, the prosecutor applied for the amendment of a bill of amendment to the indictment, which deleted the second 8th '2,640,000 won' of the judgment of the court below, among the criminal facts, and since this court permitted it, the judgment of the court below cannot be maintained any more.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court, despite the above reasons for reversal of facts.
B. 1) As to the Defendant’s assertion of mistake of facts, there is a combination of two or more co-offenders who jointly process for a crime, not a legally fixed sentence, and there is a combination of intent to jointly process a crime and realize the crime. Although there was no overall conspiracy, if there was a combination of intent to do so in the order of multiple persons or secretly and implicitly, then the conspiracy is established (see, e.g., Supreme Court Decision 2007Do2144, Jun. 1, 2007). According to each evidence duly adopted and examined in the lower court and the first instance court (see, e.g., Supreme Court Decision 2007Do2144, Jun. 1, 2007). The Defendant provided explanations on the instant C through the latter introduction around October 2014 from E or from E, and the Defendant provided explanation on the principal amount to the Defendant for two years in the instant case without any profit.