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(영문) 부산고등법원 2014.11.12 2014노256

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

Of them, the guilty part against Defendant A and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. The court below found Defendant B not guilty of violating the Act on the Regulation of Conducting Fund-Raising Business without Permission as to the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission. The court below erred by misapprehending the legal principles as to the meaning of the act of fund-raising business without permission, thereby adversely affecting the conclusion of the judgment, or by misapprehending the legal principles as to the evasion of compulsory execution against Defendants B, even though the defendants' act of fund-raising under the Act on the Regulation of Conducting Fund-Raising Business without Permission was the act of fund-raising and receiving the investment amount in the future, and did not demand the most money transaction which constitutes the act of fund-raising business without permission. However, although the defendant B did not know that it constitutes the act of fund-raising with permission for fund-raising in the process of attracting investment without permission, the court below acquitted Defendant B of the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission.

3) The judgment of the court below that found Defendant A guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, and violation of the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) although there was no fact that Defendant A conspired with G to mislead victims or to receive money without delay from many unspecified persons, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Legal principles are applied to Defendant A from April 2009, which is the treatment period for a maternal disease.