beta
Text
All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts, misunderstanding of the law, and improper sentencing);
A. Fact-misunderstanding Defendant B merely told X/Y that he/she has joined E and they have decided to make an investment.
Defendant
B There is no direct statement about E, and V invests with Y's solicitation, and W is also a person who has invested in E regardless of the Defendants.
On the other hand, Defendant A did not recommend to make an investment or raise funds against V, X, or Y.
B. In light of the legal principles, Defendant B merely notified that he joined X and Y respectively, and thus, it cannot be deemed as an act of raising funds from many and unspecified persons as stipulated in Article 2 of the Regulation on Similar Receiving Acts.
(c)
The punishment sentenced by the first instance court (the fine of KRW 5 million for Defendant A, and the fine of KRW 2 million for Defendant B) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the first instance court of the first instance, X made a statement in the first instance court to the effect that “I explained about E, and I purchase of Defendant B’s shares, I would like to provide an explanation that I would increase twice a month from the following month to the second and guarantee the difference of 12 times or more unconditional if six months have elapsed.” In the first instance court of the first instance, Y also made the statement to the effect that “I would like to be accurate for the Defendants to be sealed in China in the curios company and country.”
In the case of investment, dividends have been made.
If the Defendants made an investment of USD 3,00 in one unit, they made a statement to the effect that USD 900 equivalent to the remaining 30% of all allowances should be paid, and that if they purchase the shares of USD 9,000, more than twice a month between five months would be distributed, and that if they sell the shares after five months, they would make payment of USD 14,688 except fees.