자본시장과금융투자업에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, and two hundred hours of community service) is too unreasonable as the gist of the grounds for appeal is too unreasonable.
2. The fact that the Defendant, without being registered as a financial investment business, received money as remuneration for stocks, etc., and was committing a crime of running daily forestry business for investment is not less than that against the Defendant, and that there was considerable pecuniary damage to the investor C who has given investment to the Defendant.
However, the court below's punishment against the defendant is too unreasonable in light of the records and all of the sentencing conditions of this case, such as the defendant's age, sexual conduct, means and result of the crime, circumstance after the crime, etc., as well as the records and all sentencing conditions in the pleading, which are shown in the court below's decision after the judgment of the court below was rendered, that the defendant was not wanting to punish the defendant, and that the defendant did not commit the crime of this case while in office of the financial company.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading.
Criminal facts
In addition to the correction of " July 29, 2015" as " July 29, 2014," the second half of the judgment of the court below, and the summary of the evidence, the criminal facts against the defendant recognized by this court are identical to the corresponding column of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
1. The defendant's oral statement in court;
1. Statement made by the police with regard to C;
1. A complaint (including the attached table);
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 45 Subparag. 1 and Article 17 of the former Financial Investment Services and Capital Markets Act (Amended by Act No. 14130, Mar. 29, 2016);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Social services;