(영문) 서울중앙지방법원 2014.02.07 2013노3860

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(영문) 서울중앙지방법원 2014.02.07 2013노3860

유사수신행위의규제에관한법률위반

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The judgment below

Of the judgment of the court below, the payment of money stated in the attached list 2 through 7 shall be made.

Reasons

1. Scope of trial in the party trial after the process of lawsuit and remand;

A. The prosecutor, in collusion with the Defendants, received the total amount of KRW 1.381 billion from 37 persons under the name of trust money in relation to vehicle leasing (the part in attached Table 1 of the judgment of the court below; hereinafter “the receipt of trust money”) and the amount of KRW 62,200,000,000,000,000 from 6 persons under the name of six persons, without obtaining authorization or permission under the law or making registration or report (the trade name before the change: I; hereinafter “H”), and brought a public action against the Defendants in violation of the Act on the Regulation of the Act on the Regulation of the Act on the Management of Credit Receiving Deposits, with regard to vehicle leasing (the part in attached Table 1 of the judgment of the court below; hereinafter “the receipt of trust money”).

B. The court below found the Defendants guilty of the act of receiving deposits and sentenced the Defendants to a fine of five million won, but found the Defendants not guilty on the ground that the act of receiving trust deposits does not constitute an act of receiving money without any transaction of goods on the grounds that it cannot be deemed that only the receipt of money without any transaction of goods, by pretending or undering the transaction of goods, as the revenue of funds that are substantially

C. Defendant A appealed from the Defendants on the grounds of the misapprehension of the legal principle as to the guilty portion of the lower judgment and the misapprehension of the legal principle as to the acquitted portion of the lower judgment. Prior to remand, Defendant A appealed from the Defendants on the grounds of unfair sentencing, mistake of facts and misapprehension of the legal principle as to the acquitted portion of the lower judgment. Defendant A reversed the lower judgment’s conviction and acquitted the Defendants on the grounds that the lower court’s acquittal portion as to the receipt of trust money was maintained, and the receipt of deposits

Therefore, all the judgment of the court below before the prosecutor is remanded.

유사 판례

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