beta
Text
The defendant's appeal is dismissed.
Reasons
1. The court below found the defendant guilty of the facts charged of this case, since the defendant committed the crime of this case upon the other party's request to induce or induce the gist of the grounds for appeal. Thus, the court below erred by misunderstanding of facts.
2. Determination
A. The summary of the facts charged in the instant case is Defendant, B, and C’s joint representative of the registered similar investment advisory company.
In spite of the fact that no one is engaged in investment advisory business without being registered as a financial investment business under the Financial Investment Services and Capital Markets Act, the defendant published the above writing on the E company's Internet website, B, B, if the investors registered as a securities investment-related information on the E company's website, B, and C, as a profession, up to a simple investment information produced and processed by themselves, and C, the payer of the membership fee, as a paid member, recruited to provide data on the value of financial investment instruments, etc. and its investment decision-making decision-making thereon through dialogue 1:1 of Kakao Stockholm.
The Defendant, B, and C conspired as above, to 92 persons, F, etc., including F, from November 2, 2016 to February 12, 2017, provided data on the value of specific financial investment instruments, etc. and related decision-making thereon, and provided them with a total amount of KRW 80450,000,000 by receiving membership fees from each transfer.
B. In light of the following circumstances acknowledged by the original judgment and the evidence duly adopted and examined by the trial court, the judgment of the court below is just and it is sufficiently recognized that the defendant has engaged in the investment advisory business without registering the financial investment business, and there is no error of misconception of facts as alleged by the defendant.
① According to objective data and circumstances, the Defendant conspireds with B and C.