자본시장과금융투자업에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.
2. The grounds for appeal by the prosecutor ex officio are examined ex officio prior to the judgment.
The court below's judgment can no longer be maintained as there is a ground for a request for retrial under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which falls under the grounds for appeal under Article 361-5 (13) of the Criminal Procedure Act.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the description of each corresponding column of the judgment below except for adding B to the Defendant’s oral statement “1. Defendant’s above trial statement” under Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Determination as to the assertion by the defendant and his defense counsel under Article 445 subparagraph 1 and Article 17 of the Financial Investment Services and Capital Markets Act regarding criminal facts and Articles 445 subparagraph 1 and 17 of the same Act
1. The summary of the argument is that the Defendant was an investment from D, and the Defendant was engaged in forestry as an investment in business since it did not continuously and repeatedly make an investment to many and unspecified persons.
shall not be deemed to exist.
2. The term "financial investment business" is an act conducted continuously or repeatedly for the purpose of earning a profit, and among which, the term "investment daily forestry" means the business of operating financial investment instruments separately by investors after receiving from investors all or part of the judgment on investment in financial investment instruments (see Article 6(1) and (7) of the Financial Investment Services and Capital Markets Act).