2018Do3679 A. Violation of the Tourism Promotion Act

(b) Violation of the Specialized Credit Financial Business Act;

(c) Fraud;

1. (a). (c) A

2.(c) B

3. b.(c) C

4.(c) D.

Defendants and Prosecutor (Defendant A, B, and C)

E Law Firm (For the Defendants)

Attorney F, G

Seoul Central District Court Decision 2017No2895 Decided February 9, 2018

July 24, 2018

All appeals are dismissed.

The grounds of appeal are examined.

1. While examining the Defendants’ grounds of appeal in accordance with the relevant legal principles and evidence, the lower court found the Defendants guilty on the grounds that the entire facts charged are recognized on the grounds as stated in its reasoning, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the facts contrary to logical and empirical rules, or by misapprehending the legal principles on the scope of recognition of persons who sell facilities or invite members in violation of Article 20(1) and (2) of the Tourism Promotion Act, fraud, deception, and causation with property disposal.

2. In light of the public prosecutor’s grounds of appeal, there is no evidence to view Defendant A, B, and C as falling under the subject of examination of eligibility under Article 32(1) of the Act on Corporate Governance of Financial Companies. Therefore, the lower court’s failure to separately examine and decide on the Defendants from the offense of violating the Specialized Credit Financial Business Act among the facts charged in the instant case

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Ki-taik-taik

Chief Justice Kim Shin -

Justices Park Sang-ok

Justices Park Il-san