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The guilty part of the first judgment and the second judgment of the first instance are reversed in all of the defendant's case.
Reasons
1. Summary of grounds for appeal;
A. Defendant A: Error of facts (as to the fraud in the case of this court 2013No227, Defendant A was strongly compelled to sell shares upon Defendant C’s request, and there was no conspiracy with Defendant C to commit a fraud or to participate in such fraud). B. of unreasonable sentencing.
Defendant
B: Error of facts (as to the fraud in the case of this Court 2013No227, the defendant B only delivered the official announcements according to the direction of the defendant C at the place of demotion, and there was no conspiracy with the defendant C or any participation in the crime of fraud, and there was an error in calculating the amount of fraud) and an unreasonable sentencing.
Defendant
C: Error of facts [1] With respect to fraud in the case of this Court 2013No227, the fact that some of the business activities of the KOB are written in exaggeration, but there is no fact that the victims belong to the criminal intent of fraud, and Defendant B and A did not instruct the victim B and A to give a strong demotion with such contents. ② With respect to the case of 2013No2313, the Defendant did not deceiving the above victim, such as that the Defendant could bring a high profit to the victim AL, and later, the Defendant did not induce the victim to pay dividends to the above victim because of the internal portion of the Drama manufacturer, and later, it did not prevent the payment of dividends to the victim, and did not receive a large amount of investment from the above victim).
Public Prosecutor: Error of facts (this Court Decision 2013No227 decided on the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission) and unfair sentencing. The Defendants’ act is merely a disguised or ice transaction even if they had the appearance of stock transaction, and its substance is money transaction, and according to the evidence submitted by the Prosecutor, the Defendants’ act may be punished as a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission.)