Amount of profit resulting from the fraud of securities;

The amount of profit of fraud who has acquired by deceit of securities is the face value of the securities.

Article 3(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 of the Criminal

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Gyeong-soo et al., Counsel for plaintiff-appellant)

Defendant 1 and one other

Defendant 1

Attorneys Cho Jong-soo et al.

Seoul High Court Decision 94No1215 delivered on June 30, 1994

All appeals are dismissed.

The number of detention days after the appeal shall be 40 days each included in the original sentence against the Defendants.

The grounds of appeal by defense counsel and defendant 2 are examined together.

1. If the evidence of the court of first instance admitted by the court below is examined by comparing it with the records, the defendants' facts of each of the crimes of this case can be acknowledged, and the judgment below cannot be deemed to have erred by misapprehending the rules of evidence, such as the theory of lawsuit, and there is no reason to

2. If the Defendants, as legally determined by the court below, deceiving victims, demanded payment of money, or request the delivery of promissory notes, number of units, or deposit passbook, etc., the Defendants shall be deemed to have commenced the commission of each criminal act. Therefore, the judgment below to the same purport is just and it shall not be deemed that there was an error in the misapprehension and application of the law such as the theory of lawsuit. There is no reason for discussion.

3. The Promissory Notes, the Current Number of Units, and the Deposit Pharmacologic are all property and subject to fraud. Therefore, the judgment of the court below does not err by misapprehending the interpretation and application of the statutes such as the theory of lawsuit. There is no reason for discussion.

4. The amount of profit obtained by deceiving the securities shall be the face value of the securities, so it is reasonable that the court below applied Article 3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes to the second day of the judgment of the defendants at the time of the first trial, and there is no error of law of wrong application of interpretation and application of the law such as the theory of lawsuit in the judgment of the court below. There is no reason to discuss.

5. Therefore, all appeals shall be dismissed, and 40 days of detention days after the appeal shall be included in the original sentence of the judgment against the Defendants. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Sung-sung (Presiding Justice)