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The judgment of the court below is reversed.
Of the crimes No. 1 and No. 2 in the judgment of the defendant, the number of offenses listed in the list of offenses is 15 to 15.
Reasons
1. Summary of grounds for appeal;
A. In fact, misunderstanding of the legal principles or misunderstanding of the Act on the Regulation of Similar Receiving Acts (1) the Defendant did not sell a financial instrument to a specific person, but did not engage in a “similar receiving act” to many and unspecified persons, and the Defendant did not have committed an “agreement on the Guarantee of Principal” in selling a financial instrument.
(2) The Defendant, as indicated in the facts charged, did not have received contributions by deceiving the victims by promising to invest the instant contributions in a specific user, etc.
B. The punishment of the lower court (four years of imprisonment with prison labor and one year of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misapprehension of the legal principles, Article 3 of the Act on the Regulation of Similar Receiving Act prohibits similar receiving acts, Article 2 subparag. 1 of the same Act prohibits “the act of receiving contributions from the future to pay an amount in whole or in excess of the amount of contributions,” which is similar receiving acts. The legislative intent of regulating receiving acts is to protect good traders and to establish a sound financial order by regulating the act of raising funds under the pretext of investments, etc. from many and unspecified persons without obtaining permission or authorization pursuant to the related Acts and subordinate statutes (see Supreme Court Decision 2003Do2213, Nov. 24, 2005). In light of such legislative intent, even where not only raising funds from those who do not have any awareness of the nature of the act, such as raising investors through advertisements, but also raising funds by directly soliciting persons to raise funds, the legislative intent of regulating acts of receiving investments is to ensure that anyone may have an opportunity to participate in the act of raising funds.
If so, it is against many and unspecified persons.