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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B.
Reasons
1. According to the prosecutor’s summary of the grounds of appeal in this case, the victims of the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission fall under “a large number of unspecified persons” among the facts charged in this case, and the facts charged as stated in Table 2 of the Crime List 2 also constitute “an act of promising to pay the full amount of contributions or an amount exceeding the amount of contributions and receiving the contributions.” Even if the victims were specified, since the victims Q Q, L, and N were only members after the commencement of the investment, they constitute an unspecified number of unspecified persons, and thus, the above victims were found guilty of violating the Act on the Regulation of Conducting Fund-Raising Business without Permission, even if the judgment below acquitted the Defendants on the above facts charged.
2. Summary of the facts charged in the judgment of the court below
A. From June 2010 to August 1, 2010, Defendants A, B, and C engaged in the role of attracting investment funds and managing the investment funds from the members of the Gangnam-gu Seoul Telecommunication building 1012, from early September 2010 to September 11, 201, to the members of the community who received the time limit money and received the time limit money from the members of the community, who received the time limit money from the members of the Gangnam-gu Seoul, Gangnam-gu, Seoul and received the time limit money and received the investment funds from the members of the community and received the time limit money from the said Defendants, and the role of managing them from the above Defendants from September 2010 to the management of the investment funds received from the time limit money received with the time limit money.
(b) No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, or making registration under Acts and subordinate statutes, shall engage in an act of fund-raising business without permission or registration with an agreement to pay an amount of investment in the future or an amount exceeding it.