자본시장과금융투자업에관한법률위반
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months.
Defendant
C.
1. The summary of the grounds for appeal that the court below rendered (one year of imprisonment with prison labor for Defendant A, and one year and four months of imprisonment for Defendant C) is too unreasonable.
2. Determination
A. The crime of this case as to Defendant A’s unfair assertion of sentencing was committed by issuing and distributing the so-called bandbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbing notes, which are false means of payment having no possibility of settlement. The crime is heavy, such as impairing the order of the capital market and impairing fairness and reliability in bills transaction. The total amount of non-negotiable promissory notes totaling KRW 4.56,967 million is equal to the total amount of face value 67 million. Defendant A, as the real representative of the K Co., Ltd., Ltd., the actual representative of the K Co., Ltd., with the knowledge that the name of the representative director was changed, was opened for the purpose of issuing bills or securing the face amount of bills by delivering them to the network M, etc., with the knowledge that the role in the crime of this case was insignificant, and all of the issuers of the 67bbandbbbbbbingbbingbbing bill were issued by the Defendant 16.
However, in light of the fact that Defendant A led to a crime committed in the first instance, and there is no record of the same crime and there is no record of punishment, Defendant A demanded that Defendant A take over K to the deceased M&A, and the representative director is changed in the name of B, or that Defendant A had a written confirmation that the net M will be responsible for all legal issues arising from the issuance of the Promissory Notes in this case, and even notarized, Defendant A did not perform the work of securing the forms of the Promissory Notes prior to the issuance of the said Promissory Notes, and thus, Defendant A actually issued or distributed the said Promissory Notes.