beta
(영문) 대구지방법원 2015.01.30 2014노3122

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

All applications for compensation filed by the applicant for compensation.

Reasons

1. The summary of the grounds for appeal (e.g., e. 1) 1 and 2 of the original judgment (e.g., 5 years of imprisonment and 4 months of imprisonment) are too unreasonable.

2. Judgment ex officio (joint hearings and changes in indictment);

A. Before determining the grounds for appeal by the defendant, the defendant filed an appeal against both the judgment of the court below Nos. 1 and 2, and the court of the court of the first instance decided to hold two appeals jointly. Each of the crimes of the court below Nos. 1 and 2 is a concurrent crime under the former part of Article 37 of the Criminal Act, and one of the crimes of the court of the first instance is a concurrent crime under Article 38(1) of the Criminal Act within the scope of the term of punishment imposed for concurrent crimes under Article 38(1) of the Criminal Act. The prosecutor of the court of the first instance has served

In this regard, the judgment of the court below was no longer maintained in that case, since the defendant filed an application for changes in the bill of indictment, which added the facts of the crime as follows, and this court permitted it to do so, and the judgment of the court below was changed.

(b) No person committing an additional crime shall engage in a business making an agreement to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization, permission, etc. from the authorities and raise funds from many and unspecified persons for the purpose of making investments, etc.;

Nevertheless, on November 2009, the Defendant, at the office of the C Co., Ltd. located on the seventh floor of the Daegu-gu building B, Daegu-gu, 2009, allowed D to receive investment funds from investors, etc. who are not aware of the fact that the said company had not obtained authorization, etc., and around March 5, 2010, D made investment in F in the “G Commercial Association” operated by investors F in Busan-gu, Busan-gu to “F to conduct the stock futures option loan account,” the Defendant sets up the profits from C Co., Ltd. as the bond purchase and loan account.

When investing in the lending account business of C Co., Ltd., at least 1% per month.