자본시장과금융투자업에관한법률위반등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of one year, two years of suspended execution, 160 hours of community service, additional collection of 150 million won) is too unfluent and unreasonable.
2. The crime of this case is a matter of providing virtual futures trading and opening a gambling space for profit-making purposes, by sharing roles with others and soliciting the Defendant to operate a private futures trading site. It is not very good that the crime of this case is committed in a case where the Defendant received trading amounting to approximately KRW 170 billion from members for about one year and four months.
However, the fact that the Defendant recognized the instant crime and did not repeat the crime, and the Defendant appears not to play a key role in the instant crime in light of the degree of participation, such as recruitment and management of the BJ related to shares as the head of the business office, or taking charge of handling the complaints of members. The Defendant has no record of being punished for the same crime, and there is no record of punishment exceeding the fine, etc. are favorable circumstances.
In full view of the above circumstances and other circumstances, including the background of the instant crime, the Defendant’s age, and the circumstances after the instant crime, etc., the sentence imposed by the lower court is too minor.
shall not be deemed to exist.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.