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(영문) 수원지방법원 2019.09.19 2019노1440
유사수신행위의규제에관한법률위반등
Text

The judgment below

Part concerning Defendant B and G shall be reversed.

Defendant

B Imprisonment with prison labor of one year and six months, and Defendant G.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against Defendant B (two years of imprisonment) is too unreasonable.

B. Defendant G1) misunderstanding of facts did not know whether each of the instant crimes was illegal, and there was no intention, and there was no functional control over each of the instant crimes. Even if even if otherwise, some of the facts charged included the amount received at the time when Defendant G was not the customer of the Defendant G or before Defendant G became the head of T. Thus, this part of the facts charged should be excluded from the facts charged. Nevertheless, the lower court found the facts erroneous and found the Defendant G guilty on a different premise. (2) The sentence (one year and six months of imprisonment, two years of suspension of execution, and one hundred and sixty hours of community service order) sentenced by the lower court against Defendant G is unreasonable.

C. The Prosecutor (Defendant A) misunderstanding of facts and misunderstanding of legal principles as a general director of JN, Co., Ltd., Ltd., and Defendant A, through the chief of the headquarters, takes charge of explaining the conditions of investment goods, return on investment, guarantee of principal, preparation of authentic deeds, etc., and identifying the flow of the received amount through the head of the headquarters and raising the performance. As such, Defendant A performed a key role indispensable for the crime of this case, it can be sufficiently recognized that Defendant A committed an offense of violating the Act on the Regulation of Conducting Fund-Raising of Similar Loans in collusion with O. Nevertheless, the lower court acquitted Defendant A of this part of the facts charged by misapprehending the legal doctrine. 2) The imprisonment (one year, two years of suspended execution, two years of community service order, and 120 hours of community service order) sentenced by the lower court on the Defendant A of unfair sentencing is too unfford and unjust.

2. Determination

A. As to Defendant B’s assertion, each of the instant crimes committed by Defendant B is an illegal multi-level financial recipient company.

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