beta
Text
The judgment below
The part against the Defendants is reversed.
Defendant
A shall be punished by imprisonment with prison labor of one year and ten months, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendants (two years and six months of imprisonment with labor for Defendants A, and one year and six months of imprisonment with labor for Defendants B) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below on the Defendants is too uneased and unreasonable.
2. Determination
A. Defendant A’s suicide, and the Defendant were led to the instant crime by taking a direct role in deception, and the amount acquired by deception is also about KRW 6.8 billion.
The Defendant believed that the page out of the F head office will be normalization, and that the Defendant committed the same crime as the stated in the instant facts charged, but it did not normalize the program, thereby causing damage to the victims, which led to the lack of awareness of the illegality.
However, the Defendant appears to have known that AP, a domestic investor and operator of AO, established to conduct business related to F, was detained in relation to F around November 2017 and continued to commit the instant crime even after the judgment of conviction was rendered on May 2018. In addition, it seems that the Defendant was aware that the Defendant’s act was illegal from the beginning.
In addition, the Defendant appears to have been operating an investment fund with the investment fund received from a new investor from the beginning by using a referring to “fluoring” method, such as allowances, to the existing investors. There is no reason to consider differently from the circumstances leading to the crime, and the result is also good, thereby raising the possibility of criticism against the Defendant.
However, it appears that the defendant's mistake is recognized, and the victims are also responsible for the occurrence or expansion of damage caused by the crime of this case, and the scale of actual damage is recognized from the crime.