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(영문) 서울북부지방법원 2021.02.17 2020노1465
자본시장과금융투자업에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) against the Defendant is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, in light of the period and scale of each of the crimes of this case, such as where the Defendant received large amounts of money from investors during a short period of time, without being aware of the record of punishment already received for the same kind of crime, and thus, the Defendant committed the crimes of this case.

However, the fact that the defendant has reached a final judgment, and that all of the crimes of this case are recognized and reflected, that the defendant returned almost all of the investors' principal of investment to investors, and that agreement was reached in depth with almost all investors, and that the negligence of investors who are making investments to the defendant against the principle of self-responsibility of financial investment also contributed to the occurrence and expansion of damages suffered by investors, etc. are favorable to the defendant.

In addition to the above various circumstances, in full view of the various sentencing factors shown in the proceedings of this case, including the defendant's age and sexual conduct, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

【Grounds for the Judgment of the court below 【The facts constituting a crime and the summary of the evidence recognized by the court - The summary of the facts constituting a crime and the summary of the evidence are as follows. The reasoning of the judgment of the court below - except for adding “1. Defendant’s trial testimony” to the column of the evidence - As such, it is identical to the corresponding column of the reasoning of the judgment of the court below. Thus, it is

Application of Statutes

1. The relevant Article of the Act and the financial investment business that selects punishment for facts constituting an offense;

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