유사수신행위의규제에관한법률위반
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for eight months and for four months, respectively.
1. The summary of the grounds for appeal (e.g., both types of punishment) by the court below (e., one year of imprisonment with prison labor, and six months of imprisonment with prison labor) is too unreasonable.
2. In light of the circumstances favorable to the Defendants, the lower court: (a) taken into account the following: (b) the Defendants’ favorable circumstances; (c) the Defendants’ general mistake is against the Defendants; (d) the investors’ return of some amount under the name of investment proceeds does not reach the actual amount of damage; and (e) Defendant A agreed with a considerable number of victims; and (d) Defendant B agreed with some victims; and (e) there is a need to take into account the equity with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, in which the crime and the judgment of this case became final and conclusive; and (e) Defendant B committed the crime of fraud at the same time; (b) the total amount received by the Defendants exceeds KRW 560 million; (c) there is a large number of victims; (d) Defendant A did not recover from the victims’ damages even after a long period of time; and (e) Defendant B committed the crime of fraud, etc. during the suspension of execution [Seoul Central District Court Decision 2009Da405, Oct. 9, 2015).
In addition to the above circumstances taken into account by the court below, the defendant A paid 14 additional victims except the victim I (total 3,6780,000 won), and agreed [However, the victim WW (WW agent X) written an agreement
) Y, Z, which is pending in the judgment of the court below, submitted each written agreement of July 12, 2016, and each written agreement was newly prepared as of October 14, 2016).