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The judgment below
Part of innocence against Defendant A and part of the corporation as to Defendant C shall be reversed.
Defendant
A. Imprisonment.
Reasons
1. The judgment of the court below on the ground of appeal is erroneous in the misunderstanding of facts and misapprehension of legal principles as follows.
A. According to the part I of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), N’s statement, and record CD, etc., Defendant A can obtain high profits through a stock transaction scheduled to be listed in the European stock market. It can be recognized that Defendant A made it possible to guarantee principal and distribute profits exceeding four times the principal amount after three months. The phrase “re-purchase of shares at the purchase price without dividends” in the stock transfer contract is stated in the statement that “in the event that there is no dividend profit, the company will to withdraw from the shareholder and give up the shares, the company will to pay the acquired shares plus bank interest,” the written agreement contains the phrase that “Brit Dq is not a regular exchange.” The facts charged against Defendant A and B can be found guilty.
B. In full view of the fact that Defendant A violated the Act on the Regulation of Similar Receipt of Stocks, as stated in the facts constituting the crime of the judgment of the court below, the Defendants guaranteed the principal and more than four times high profit, and the investors engaged in investment in trust and trusting this point, and there was no interest in acquiring stocks, the instant stock purchase and sale constitutes a similar receiving act, and thus, constitutes an act of receiving stocks. Accordingly, the Defendants may be convicted of the facts charged.
2. Determination
A. On September 2013, Defendant B explained the outline of the business to prevent the speed limit to investors, such as I, at the office of police officers in C in the middle of September 2013, and Defendant A can obtain high profits through a stock transaction scheduled to be listed in the speed limit business and the European Stock Market. As C makes an investment in money, the principal will be guaranteed and the profits of more than four times the principal will be distributed more than three months after the three months.