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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not more than six months.
(b).
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court against Defendant A (two years of probation in October, and eight hours of community service order) is too unreasonable.
B. Defendant B (Defendant B) notified investors that “it is possible to make high profits by investing in stocks, etc. through Defendant B, etc.” while attracting investments, Defendant B, etc., upon knowing that the investment was conducted in Company G operated by Defendant B, etc., explained a number of accounts as if it would be possible to obtain high profits from investment in stocks, etc., so Defendant B may fully recognize Defendant B’s intent to commit a crime.
Nevertheless, the court below found the above defendant not guilty by erroneous finding the facts.
2. Determination
A. Prior to the judgment on the grounds of appeal by Defendant A’s ex officio as to the part on Defendant A’s grounds of appeal, there exist grounds for violation of the law that affected the judgment as follows with respect to the part on the charge of fraud among the facts charged against the above Defendant. This part of the facts charged and the remainder of the facts charged by the court below found the Defendant guilty constitute concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the part on Defendant A among the judgment of the court below is no longer maintained.
(1) From August 29, 2007 to August 2008, Defendant A’s part of the facts charged against Defendant A’s fraud creates high profits if it invests in M&A and capital increase increase with the investors in G office located in the second floor of the Songpa-gu Seoul F building from August 29, 2007 to August 2008.
5 million won shall be paid monthly dividends of 17% per investment according to the amount of investment, and 15% out of the above dividends shall be paid to investors and 2% shall be paid to the directors recommended by investors;
When the contract period (2 to 12 months) arrives, the principal and fixed interest shall be paid;
member shall be recommended by investors.