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(영문) 서울남부지방법원 2019.10.01 2018노1045
방문판매등에관한법률위반등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (the guilty part of the judgment of the court below) explained the possibility of loss of investment funds to B, and B confirmed a letter of agreement specifying loss of investment funds and became aware of the possibility of loss of investment funds by signing a signature. As such, Defendant’s solicitation of investment does not constitute an act of receiving investment funds without delay (hereinafter “instant Chapter 1”).

2) However, the Defendant’s act of soliciting investment pursuant to the revised personal investment agreement by an advising attorney-at-law of the C Company, a legal expert at the time, was trusted and trusted that such act does not constitute an act of receiving funds without delay, and thus, the illegality is excluded (hereinafter “section 2”).

(2) The lower court’s sentence of unreasonable sentencing (eight months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor by mistake of facts or misapprehension of legal principles (not guilty part of the judgment of the court below), the defendant's custody of investors under the criminal intent of using a multi-stage similar organization as stated in this part of the facts charged can be acknowledged. 2) The sentence of the court below on unreasonable sentencing is too uneasible and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

A. In addition to the part concerning the victim AM as stated in the list of crimes attached to the judgment of the court below in the indictment, the prosecutor changes the part guilty (the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission) as stated below (the reasoning of the judgment below) and the charge concerning the part not guilty (the violation of the Door-to-Door Sales, etc. Act) below (the part not guilty in the judgment of the court below).

1. As stated in the summary of the facts charged, the application for changes in indictment was filed, and this Court.

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