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The judgment below
The part against the Defendants is reversed.
Defendant
D. G, H, I, J, and K are subject to a fine of KRW 4,500,00,000, respectively;
Reasons
1. The summary of the grounds for appeal (Defendant D, G, H, I, J, and K: fine of 5,00,00,000 won, Defendant B, C, E: fine of 4,50,000 won, Defendant F: fine of 4,00,000,000 won, Defendant N, P, P, P, Q, Q, R, U, X, X, M, AE, AE, AE, AH, AH, AH, AH, AI, AK, AK, AF, AC, AD, AD, AM, AM, AM, AM: fine of 2,50,000 won is too unreasonable.
2. The act of fund-raising from an unspecified number of unspecified persons without obtaining authorization or permission under the law as to the crime of this case, as well as the act of hindering the establishment of a sound financial order. As such, the act of participating in the act of fund-raising is in itself likely to cause damage to a good customer. As such, it is in need of strict punishment corresponding thereto. In fact, multiple victims were boomed due to the crime of this case, and the amount of damage was small, etc., which is disadvantageous to the Defendants.
However, considering various sentencing conditions, such as the Defendants’ age, character and conduct, environment, means and method of crime, and circumstances after the crime, the sentence imposed by the court below to the Defendants is somewhat unreasonable, in consideration of the following factors: (a) there is no previous conviction in the confession of the crime in this case; (b) there seems to be a relatively weak perception of illegality due to lack of awareness of illegality; (c) the Defendants appear to have suffered losses due to their failure to recover the amount of investment; and (d) some Defendants appear to have made efforts to recover from damage, such as an agreement with the victims.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as follows.