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All parts of the judgment of the court below against Defendant D shall be reversed.
Defendant
D shall be punished by fine for negligence of 6,000,000.
Reasons
1. Summary of grounds for appeal;
A. In the first instance trial, Defendant B did not have any investment explanation or investment recommendation to investors of L Co., Ltd. (hereinafter “L Co., Ltd.”), and there was no fact that the instant crime was committed in collusion withO, etc.
Nevertheless, the first instance court found the Defendant guilty of this part of the facts charged, and the first instance court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. When the second judgment was rendered on September 1, 2012, a mistake of facts as to the crime of fraud (Defendant D) committed on September 11, 2012 (the acquisition price of KRW 8.6 million was deposited into the account of the above defendant while taking over the investment shares of the L company upon the recommendation of the defendant D, and the defendant Q did not lend the above money to the defendant D.
Nevertheless, the second instance court found the Defendant guilty of this part of the facts charged, and the second instance court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
C. The punishment of KRW 4 million imposed on Defendant B and D, and a fine of KRW 1 million imposed on Defendant F and G, respectively, by the lower court of inappropriate sentencing (the Defendant’s respective sentence) and the punishment of KRW 3 million imposed on Defendant D is too unreasonable.
2. Prior to the judgment on the grounds for appeal by Defendant D ex officio, the case of this court 2014No2170, which is the appeal case by the above defendant against the judgment of the court of first instance, and the case of this court 2014No2615, which is the appeal case by the above defendant against the judgment of the court of second instance, was consolidated in the proceedings of the trial at the court of first instance. Since each of the offenses against Defendant D is in a concurrent offense relationship under the former part of Article 37 of the Criminal Act, each offense of the judgment of the court below against Defendant D shall be punished by a single sentence within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, the part against the above defendant among the judgment of the court of first instance
(b).