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The judgment below
Among the crimes of Nos. 1 and 2, the part of the attached Table Nos. 1 to 29 is the crime.
Reasons
1. Summary of grounds for appeal;
A. (1) The Defendant did not have received shares or money by deceiving victims as stated in the facts charged.
The Defendant, who was indicted by Seoul Central District Court 2014Kadan2444, was investigated as to the charge of fraud at the time of being investigated as the case violating the Financial Investment Services and Capital Markets Act, for which two years of suspended sentence were finalized on February 12, 2015, and two years of imprisonment, was also investigated as to the charge of fraud. Even if a disposition was issued as to the charge of fraud, it is improper to conduct a re-investigation and be tried after being prosecuted.
Article 25(1) of the Criminal Procedure Act provides that the defendant shall be punished by imprisonment with labor for a period of one year and six months and four months).
(b) the Prosecutor’s sentence against the Defendant is too uneasible and unreasonable;
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
According to records, on June 8, 2017, the Defendant was sentenced to the Seoul Western District Court 2016No1807, the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, in fraudulent Cases, three years of imprisonment, and eight months of imprisonment. The above judgment became final and conclusive on September 4, 2017. The crime of fraud listed in the [Attachment Table 5] in the above final and conclusive judgment was that the Defendant did not invest in the Government and the shares with promising performance in a mid- to long-term or venture business, and that part of the investment amount was transferred to the personal account of the Defendant and his wife, but it was reported to be continuously only losses. P program was unable to invest shares through the P program in a undeveloped state because it is inevitable to pay the principal, dividends, sales allowances, etc. to the existing investors as investments, so long as a new investor has not continued to be paid the principal, dividends, intent or ability to pay continuously, and investment funds and government funds are 70%.