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(영문) 서울북부지방법원 2014.12.11 2014노807 (1)
유사수신행위의규제에관한법률위반등
Text

The judgment below

All parts of the compensation order, except the compensation order, shall be reversed.

Defendant

A Imprisonment for six years, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. (i) Violation of the Act on the Regulation of Conducting Fund-Raising Business without Compensation for misunderstanding of Facts) 1-B of the facts stated in the judgment below.

In relation to paragraph (1), Defendant A does not have been involved in the act of receiving an investment amounting to KRW 12,00,000 from the victim K and receiving an investment amount of KRW 12,00,000 from the victim K.

Doz. 1-e of the facts stated in the judgment below.

In relation to the claim, Defendant A did not participate in the act of receiving investments of KRW 15,573,00,000 from 348 victims, including R, in a total of 15,573,00,000, while independently operating Q.

Article 1-6(6) of the Criminal Procedure Act provides that Defendant A provided N with advice on the duties of fund-raising without delay and that N independently operates “T of a stock company,” and there is no fact that Defendant A was involved in performing the act of fund-raising and fund-raising and fund-raising and fund-raising and fund-raising and fund-raising and fund-raising and fund-raising and fund-raising and fund-raising and fund-raising and fund-raising and fund-raising and

Applicant With regard to the 1-g) of the criminal facts stated in the judgment of the court below, Defendant A does not participate in the act of receiving an investment amounting to KRW 138,570,000 from 8 victims, including Y, on a total of 35 occasions when Defendant B independently operated “BN stock company.”

B. (i) Part of each crime of fraud as indicated in the judgment below 2-A.

In relation to the claim, Defendant A was invested in KRW 47,00,000 from the victim J, and subsequently returned the full amount of investment, etc. to the victim J in accordance with the agreement, and Defendant A did not engage in obtaining KRW 119,50,000 in total as investment money from the victim J and taking part in obtaining KRW 119,50,000 as investment money from the victim J while operating “T” and “C M” respectively.

Doz. 2-B of the facts charged in the judgment below.

In relation to paragraph (1), Defendant A independently operates “M of a stock company”.

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