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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
From the defendant 473,00.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant, as an executive officer or employee of G, has induced investors in the capacity of an individual regardless of his/her duties, the court below found the Defendant guilty of all the charges of this case, despite the fact that the duty relationship is not recognized and the illegal money is not received, and there is no violation of the legal interest and protection of the law,
B. The lower court’s sentence of unreasonable sentencing (the penalty of KRW 200 million for imprisonment and fine of KRW 5 years, KRW 4773 million) is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the above grounds of appeal by the court, the prosecutor applied for the amendment to the Act on the Aggravated Punishment, etc. of Specific Economic Crimes as "violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes" and "Article 5 (1) and (4) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes" among applicable provisions of the Act as "Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes," and since this court changed its subject to permission and judgment, the prosecutor did not appeal against the guilty part among the judgment below
may no longer be maintained.
[Revised Facts charged] [Status of Defendant] Around 1989, the head of the IB Business Headquarters, as the head of the IB Business Headquarters, was in charge of corporate financing or brokerage consultation, such as capital increase, issuance of bonds, PF financing, and financial advice.
1. The Defendant, around August 2009, knew that H (hereinafter “H”) around August 2009 was planning to issue bonds with warrants in order to raise the company’s funds and was in charge of G to which the Defendant belongs.