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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence 20 shall be confiscated.
In this case.
Reasons
1. Summary of grounds for appeal;
A. A document submitted after the deadline for submitting a statement of grounds for appeal of mistake has expired shall be considered only to the extent of supplement in case of supplement in the grounds for appeal.
(1) As to the violation of the Act on the Regulation of Fraud and Receiving Similar Loans, the Defendant received advertising services from a company operated by F (hereinafter “instant company”) on or before January 31, 2019, and did not have any participation in the instant crime. ② As to the part of the amount deposited in the account in the name of F and G (No. 1 through No. 377, 578 through 756) of the amount deposited in the account in the name of F and G (No. 1 through No. 377, 578 through 756) of the account in the name of the Defendant, the Defendant did not have any participation in the commission of the crime. ③ The amount deposited in the account in the name of AA, R, AF, AF, AH, AJ, and K, and some of the amount deposited in the account in the name of the Defendant’s account (No. 378,000 won per annum in the first instance judgment) and the amount deposited in the account in the name of the Defendant (No. 37379 days per annum).
(2) As to the fraud, the Defendant was aware that the instant company made an ordinary investment and made a profit-raising, and only did it perform the business of soliciting investors of the said company, without deceiving the victims.
B. The sentence imposed by the lower court (two years and six months of imprisonment, confiscation) is too unreasonable.
2. Ex officio determination
A. For the first instance trial, the part of the facts charged in the instant case’s “from around December 6, 2018,” which read as “from around December 6, 2018,” and each of the “componing KRW 8,795,475,245 on a total of 756 occasions,” each of the “componing KRW 8,795,145,245 on a total of 75 occasions,” respectively, applied for amendments to the indictment to delete items No. 578 per annum of the list of crimes. This Court permitted this.
(b) fraud; and