유사수신행위의규제에관한법률위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is erroneous in the misapprehension of the judgment of the court below which acquitted Defendant A on the grounds that there is no evidence to acknowledge the advertisement even though Defendant A continued to raise funds from many and unspecified persons, as stated in the facts charged.
2. The lower court’s reasoning of not guilty. According to the evidence duly admitted and examined by the lower court, Defendant B Co., Ltd. (hereinafter “Defendant Company”) established for the purpose of Defendant A to carry on a storage warehouse business on April 3, 2012, based on the fact that: (a) around December 2, 2012, the Korea Rail Network Authority and Mine-si (H), concluded a loan agreement for the use of State-owned property as “water storage site”; and (b) concluded between January 1, 2013 and December 31, 2017 for the purpose of using land as “water storage site”; and (c) concluded a loan agreement for the use of the State-owned property as “the aforementioned rent 72,250,000 won on December 20, 2012, the said agreement was terminated because the Defendant Company failed to obtain permission from a large number of lessees on April 16, 2013 for the purpose of obtaining land from a large number of unspecified persons; or (d) concluded the aforementioned agreement with Defendant C and its affiliated facilities.
The prosecutor’s assertion is without merit, as there is no evidence to prove otherwise, that the facts charged that he/she engaged in advertising to engage in the act of fund-raising without any reasonable doubt.
3. Conclusion.