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(영문) 서울중앙지방법원 2021.03.26 2020노2150
유사수신행위의규제에관한법률위반
Text

The judgment below

Of them, the part of aiding and abetting the violation of the Act on the Regulation of Similar Receiving Acts (the part not guilty).

Reasons

Litigation progress and matters to be judged by the party concerned;

A. 1) The lower court found the Defendant guilty of violating the Act on the Regulation of Similar Receiving Acts, which is the primary charge of the instant facts charged, not guilty of fraud, aiding and abetting a violation of the Act on the Regulation of Similar Receiving Acts, which is the ancillary charges, and aiding and abetting fraud, and sentenced the Defendant to imprisonment with prison labor for one year and six months, suspension of execution, two years, and observation of protection, and community service for 240 hours.

2) In regard to this, the Defendant filed each appeal on the grounds that the lower judgment erred by misapprehending the facts regarding the acquittal portion among the lower judgment, and that the sentencing was unfair for the conviction portion.

3) Prior to remand, the trial rejected the prosecutor’s assertion of mistake, rejected the Defendant’s assertion of mistake, and rendered a judgment of the lower court reversed, and acquitted the Defendant.

On the other hand, the prosecutor appealed on the ground of mistake of facts and misunderstanding of legal principles.

4) As to the violation of the Act on the Regulation of Similar Receiving Acts and subordinate statutes, which are the primary facts charged by the trial prior to remand, and the fraud aiding and abetting part, which is the ancillary facts charged, the Supreme Court rendered a not guilty verdict on this part of the facts charged prior to remand, deeming that the trial prior to remand did not prove any evidence of crime, it did not err by misapprehending the principle of free evaluation of evidence in violation of logical and empirical principles, or by misapprehending the relevant legal principles, thereby affecting the conclusion of the judgment. On the other hand, as to aiding and abetting a violation of the Act on the Regulation of Similar Receiving Acts, which is the ancillary facts charged, the conjunctive facts charged, the Supreme Court shall reverse the judgment of the court prior to remand because it did not err by misapprehending the legal principles on similar receiving acts, thereby failing to exhaust all necessary deliberations, which affected the conclusion of the judgment. Accordingly

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