유사수신행위의규제에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (20 million won) is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
From March 17, 2016 to May 6, 2016, a prosecutor has received an investment amounting to KRW 266,115,00 from 45 investors over 84 times as shown in the list of crimes in the attached Form from March 17 to May 6, 2016.
Between March 8, 2016 and May 6, 2016, “The amount of investment equivalent to KRW 275,715,000 was received from 47 investors to 87 times as indicated in the list of crimes in the attached Table.”
The judgment below was unable to maintain as it is, after changing to “the list of crimes in the annexed Form, and the list of crimes in the annexed Form was changed to the list of crimes in the annexed Form attached to the application for permission of changes in the indictment on October 26, 2017. The court applied for changes in the indictment with the permission of this court (after the prosecutor corrected the indictment as stated in the crime of this judgment and the list of crimes in the annexed Form).
3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is decided as follows.
【The reason for the new judgment】 The defendant is the representative director of the Busan-gu Busan-gu Seoul-gu F.C. F.
No one shall receive similar receipts of contributions under an agreement to pay the total amount of contributions or an amount in excess thereof to an unspecified number of unspecified persons in the future without obtaining authorization or permission, or making registration or report pursuant to other Acts and subordinate statutes.
On April 16, 2016, the Defendant operates a restaurant that sells the G, “G,” and raises a high profit by operating a franchise business across the country.
The purport is that 3.3 million won is invested, the principal shall be guaranteed, and 200,000 won shall be given to each share for 20 weeks.