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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for two years.
, however, this shall not apply to the defendant.
Reasons
1. The lower court rendered a judgment of conviction, exemption from punishment, and dismissal of prosecution as to the violation of the Act on the Regulation of Fraud and Conducting Fund-Raising Business without Permission (hereinafter “the Act on the Regulation of Fund-Raising without Permission”) related to mobile phone sales business, and the judgment of acquittal as to the fraud related to B business, and the Defendant filed an appeal as to the guilty portion only against the guilty portion and the acquittal portion.
Therefore, since the judgment of the court below became final and conclusive as it did not appeal the defendant and the prosecutor, the object of this court's judgment is limited to the remainder.
2. Summary of grounds for appeal;
A. Of the judgment of the court below on the erroneous determination of facts, the defendant's act of soliciting the victims of B service business investment can be seen as a deception against the victims, but the court below acquitted the victims of this part of the charges. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
B. As to the guilty part of the judgment of the court below (the defendant) (the violation of the Act on the Regulation of Frauding and Receiving Similar Funds) as follows: (i) in the case where the victim subscribed to a mobile phone, he treats the amount equivalent to KRW 120,000,00 as the opening incentive (or subsidy) to be sold from a telecommunications company or the purchaser’s investment by the purchaser or the purchaser; and (ii) in such a case, the Defendant’s act does not constitute an act of receiving the funds substantially mediated in the transaction of the goods; and (iii) in such a case, the opening incentive (or subsidy) does not belong to the victims, and thus cannot be subject to an act of disposal by the victim, and the Defendant’s deception cannot be established.