beta
Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. At the time of Defendant A’s assertion of mistake of facts, Defendant A operated F Lestop (hereinafter “Defendant Company”) in E located in Seongbuk-gu, Sungnam-si, in which Defendant A had a general manager of the said company. Defendant B was the managing director of the said company. Defendant B, a place where the Defendants attempted to engage in the said business, is a cultural assembly facility under the Building Act, and there was no restriction on the use of the wedding as a wedding. At the end of the meeting, most time is almost less than time, and anyone could only be used if the Defendants filed an application in accordance with the general customs rules of E, so at the end, the Defendants did not need separate approval from E or Sungnam-si to engage in the said business.
At the time, when the defendants were unable to pay rent properly due to cumulative business operators of Lestop, they would rather be helpful for the sales of Lestop in E. In addition, the defendants decided to conduct the business of Lospon after reviewing it.
At the time of the agreement on the same business, the Defendants explained the victim in detail the above method of using the contact room and the crowdfunding business plan, and the victim, knowing the above circumstances, concluded the agreement with the Defendant and paid KRW 200 million.
Ultimately, unlike the facts charged in the instant case, the Defendants tried to operate a crowdfunding business by lending the consortium in accordance with the general rental procedure under the E-to-Customs Rule at the time, and did not require any separate permission or approval from the Sungnam City or E for the said crowdfunding business, and the victims also paid a partner fee with the knowledge of such circumstances. Therefore, the Defendants guilty of the facts charged in the instant case.