(영문) 부산지방법원 2019.02.15 2018노3515 | 리걸엔진

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(영문) 부산지방법원 2019.02.15 2018노3515

유사수신행위의규제에관한법률위반

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

evidence of seizure.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Prosecutor re-transfered KRW 160,000,000 to Defendant A, as stated in the second sentence 5 and 6 of the facts charged of the instant case from July 7, 2015, as stated in the [Attachment Nos. 1 to 18 of the List of Crimes, until July 7, 2015.

“Before July 7, 2015, as indicated in the [Attachment Table Nos. 1 to 10, a total of 89,200,000 won was remitted from four investors to Defendant A, and then again remitted it to Defendant A.” The fourth sentence from five to seven of the crimes table Nos. 19 to 67, “a total of 2,203,750,000 was remitted to Defendant A, as indicated in the [Attachment Table No. 11 to 57], and then a total of eight persons was remitted to Defendant A, as indicated in the [Attachment Table No. 11] No. 11 to 57, “a total of eight persons was remitted from the total of eight persons, and then remitted to Defendant A again,” and “a total of KRW 2,173,750,000,000 was changed to the annexed list of crimes changed to the annexed list of crimes, thereby making it impossible for the court to grant permission to the Defendant.”

3. Accordingly, the part of the judgment of the court below regarding the defendant among the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the part of the judgment of the court below against the defendant is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is the same as the facts charged in the judgment below, and the summary of the evidence from the second to the second to the sixth from July 7, 2015.

참조조문

-형사소송법 제364조 제2항

유사 판례

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-대구지방법원 2016.10.05 2016노2522

-서울남부지방법원 2018.09.20 2018가단208493