(영문) 창원지방법원 2015.02.05 2014노1778 | 리걸엔진

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(영문) 창원지방법원 2015.02.05 2014노1778

유사수신행위의규제에관한법률위반

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The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 7,000,000.

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal asserts that the punishment of the court below (the fine of KRW 10 million) is too unreasonable.

2. The crime of this case committed by the Defendants as a business of raising funds from many and unspecified persons without obtaining authorization or permission, making registration or report, etc. under the statutes, which is disadvantageous to the Defendants.

However, the court below's punishment is somewhat inappropriate in light of various circumstances, including the defendants' age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., such as the defendant's age, character and environment, the motive and circumstance of the crime, the means and method of the crime, and the circumstances after the crime, etc., which are conditions for the oral proceedings and the sentencing indicated in the records, are considered to be considered in favor of the defendants, such as the fact that the defendants did not want to be punished by the defendants, the victim F does not want to be punished by the defendants, and the crime of this case in the case of the defendant B and the concurrent crimes under the latter part of Article 37 of the Criminal Act.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal for the conclusion is with merit, and the following is ruled again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 6 (1) and Article 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission and Punishment for Crimes, Article 30 of the Criminal Act and Article 30 of the Act on the Regulation of Conducting Fund-Raising Business without Permission

2. Defendant B: the latter part of Article 37 and Article 39(1)3 of the Criminal Act.

참조조문

-유사수신행위의 규제에 관한 법률 제3조

-유사수신행위의 규제에 관한 법률 제6조 제1항

유사 판례

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