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(영문) 수원지방법원 2020.09.16 2020노1459
방문판매등에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

The court below found the defendant not guilty of violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and the Act on Door-to-Door Sales, etc., listed in the crime sight table Nos. 177 through 192, 194 through 196 among the facts charged in this case. The court below found the defendant not guilty of violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission and the Act on Door-to-Door Sales, etc., listed in the crime sight

Since only the Defendant appealed on the guilty portion of the lower court on the ground of mistake of facts and unreasonable sentencing, the acquittal portion in the reasoning of the lower judgment, which did not appeal all the Defendant and the prosecutor, shall be transferred to the lower court in accordance with the principle of no appeal by the principle of no appeal by the lower court, but the acquittal portion in the above reason shall be deemed to have been relieved of the object

Therefore, the scope of the judgment of this court is limited to the remainder except the acquittal part of the judgment of the court below, and the judgment of the court below on the acquittal part of the reasoning of the court below is not separately determined by the court below.

Summary of Grounds for Appeal

A. Error 1) With respect to a crime of violating the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “Act”), a written investment agreement of D Co., Ltd. (hereinafter “D”) stating the possibility of loss of principal was stipulated in the agreement, and the Defendant did not explain that the repayment of investment money is guaranteed, and thus, the Defendant does not constitute a crime of violating the Act on Fund-Raising Business without Permission. Furthermore, the Defendant was not prosecuted as a crime of crime in the judgment of the court below. Accordingly, the Defendant did not engage in a fund-raising business without permission in collusion with B and H. Accordingly, in relation to N and T’s investment money, N did not have invested KRW 175 million as stated in the crime of the court below, and the Defendant invested KRW 10 million in the court below.

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