자본시장과금융투자업에관한법률위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four years.
1. Summary of grounds for appeal;
A. The sentence of imprisonment (three years of imprisonment) of the judgment of the court below on the second instance (an unreasonable sentencing on the judgment of the court of the second instance) is too unreasonable.
B. The sentence of the original judgment (an unreasonable sentencing as to the original judgment) by the public prosecutor (the sentence of the second instance judgment is the same as the above, and the sentence of the first instance judgment is imprisonment with prison labor for two years and six months, and the suspended execution for four years) is too uneasible and unfair.
2. Upon ex officio determination, the first and second court sentenced the defendant to two years and six years of imprisonment, four years of suspended execution, and three years of imprisonment for the latter, and the defendant filed an appeal against the judgment of the court below against the judgment of the court below, and the above two appeals cases were to be tried concurrently. Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of aggravated punishment under Article 38 (1) of the Criminal Act, the judgment of the court below should be sentenced to a single sentence within the scope of aggravated punishment under Article 38 (1) of the Criminal Act.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Illegal methods under Articles 443(2)1 and (1)8 and 178(1)2 of the Financial Investment Services and Capital Markets Act concerning criminal facts, Article 30 of the Criminal Act;