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The judgment below
Of the judgment of the court below, the act of receiving money as stated in the attached list 2 through 7 of the crime sight table.
Reasons
The grounds of appeal are examined.
1. Article 3 of the former Act on the Regulation of Conducting Fund-Raising Business without Permission (amended by Act No. 10045, Feb. 4, 2010) (amended by Act No. 10045, Feb. 4, 2010) prohibits an act of fund-raising business without permission under Article 2 subparag. 1 of the former Act on the Regulation of Conducting Fund-Raising Business without Permission (amended by Act No. 10045, Feb. 1, 2010) provides that “The act of importing money
The purpose of legislation is to protect good traders and to establish a sound financial order by regulating the act of raising funds under the pretext of investment, deposit, etc. from many unspecified persons without obtaining permission or authorization under related Acts and subordinate statutes.
In light of such legislative intent and the meaning of the term “contribution” under the above legal provision, only if it is difficult to regard the revenue of the fund, which is actually a transaction of goods, as the revenue of the fund is difficult to be deemed as the revenue of the investment, and it can be deemed as an act of fund-raising prohibited under the above law, only if it can be deemed as only the revenue of the fund without the transaction of goods.
(2) The court below affirmed the judgment of the court of first instance, which acquitted Defendants of violation of the Act on the Regulation of Conducting Fund-Raising and Receiving Money, listed in the annexed Table 1 of the judgment of the court of first instance among the facts charged, on the ground that the Defendants could not be deemed to have received only funds without actual commodity transaction by pretending or undering the transaction of goods. The court below affirmed the judgment of the court of first instance, which acquitted Defendants of violation of the Act on the Regulation of Conducting Fund-Raising and Receiving Money, listed in the annexed Table 1 of the crime List 1
The judgment below
Examining the reasoning in light of the aforementioned legal principles and the record, the lower court’s measures.