The part of the judgment of the court of first instance and the judgment of the court of second instance against the Defendants (excluding the dismissed part of the application for compensation order).

1. Scope of the judgment of this court;

A. Of the facts charged against the Defendants, the lower court determined that the Defendants’ establishment of gambling space constitutes a case where “O Q” on the private stock transaction site established by the Defendants cannot be seen as gambling space, and thus, constitutes a crime not being committed. In so doing, the lower court acquitted the Defendants only on the grounds that it found the Defendants guilty of violating the Financial Investment Services and Capital Markets Act, which was held in the second instance judgment.

On the other hand, only the defendants appealed against the guilty portion, and the prosecutor did not appeal.

In accordance with the principle of the non-guilty verdict, the part of the above non-guilty verdict was transferred to this court, but it was not subject to the judgment of this court because it was out of the object of attack and defense between the parties, and thus, this court did not re-determine the conclusion of the non-guilty verdict of the reasons

B. The second instance court rejected the application for compensation order against Defendant A by the OL (2015 early 123), and the applicant for compensation cannot see the judgment dismissing the application for compensation pursuant to Article 32(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Thus, this part is excluded from the scope of the trial of this court.

2. Summary of grounds for appeal;

가. 제1 원심판결에 대하여 ⑴ 피고인 A ㈎ 사실오인 제1 원심 판시 전체 범행을 총괄한 사람은 E이다.

Defendant

A performs the role of team leader leader leader who actually manages some of the crowdfunding experts without being excluded from the decision-making, and did not take overall control of all the affairs.

㈏ 법리오해 범죄수익은닉의 규제 및 처벌 등에 관한 법률이 무허가 금융투자상품시장 개설운영으로 인한 자본시장과금융투자업에관한법률위반죄에 대하여는 범죄수익 추징 규정을 마련하고 있지 않은 상황에서 무허가 금융투자상품시장 개설행위를 도박공간개설죄로 의율하여 그 수익을 추징하는 것은...