자본시장과금융투자업에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
However, for a period of three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, and 120 hours of community service).
2. The crime of this case, which committed an act of running the market price, is likely to disrupt the sound trade order in the stock market and cause damage to many and unspecified investors.
The Defendant escaped for a long time in the investigation process.
However, the defendant, as the first offender, acknowledges and reflects his criminal act.
The crime of this case is in accordance with the direction of G, which is an external village, and the profits from the operation of the market price did not actually accrue to the defendant.
In addition, the court below's punishment is too unreasonable if it takes into account all the sentencing circumstances shown in the records and arguments of this case, such as equity with accomplices or the defendant's age, sex, career, family relationship, environment, motive, means and result of the crime, circumstances after the crime was committed, and criminal experience.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows after pleading.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 43(1)4 and 5, and Article 176(1)1, 2, 3, and 176(2)1 of the former Financial Investment Services and Capital Markets Act (amended by Act No. 11845, May 28, 2013); Article 30 of the Criminal Act for criminal facts; Article 443(1)1 of the same Act for each type of crime; Article 443(1)4 and 5; Article 176(1)2, 3, and 36(2)1 of the same Act for each type of crime; Article 30 of the Criminal Act for each type of crime (the choice of imprisonment,
1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in a violation of the Financial Investment Services and Capital Markets Act due to the operation of the five severe market prices);
1. Article 62(1) of the Criminal Act (Advanced.)