(영문) 부산지방법원 2020.12.10 2020노2078 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 부산지방법원 2020.12.10 2020노2078

유사수신행위의규제에관한법률위반

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Summary of Grounds for Appeal

Defendant

misunderstanding of facts and misapprehension of legal principles have not conspiredd with B to commit the instant crime, and there is no fact that the victims have agreed to guarantee principal.

The punishment sentenced by the court below of unfair sentencing (ten months of imprisonment) is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

As to the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted the same purport as that of this part of the grounds for appeal, and the lower court rejected the above assertion in detail.

In addition to the circumstances described in the judgment below, the following reasons are explained as follows: (a) when the defendant makes an investment in C through G, i.e., (b) it is reasonable to view that the defendant was entitled to make an investment to investors with the same content, and (c) it is reasonable to view that the court below found the defendant guilty of the facts charged in this case, on the ground that "the dividend payment form has a 20% or 30% dividend payment form, including the principal, and 20% dividend payment form, and 120% of the investment principal, including the principal, and 30% dividend payment form is paid within three months, and the 30% dividend payment form pays dividends in installments for three months, and added the principal to the last one (3) months (the police interrogation protocol against the defendant, evidence record No. 162 page), and that it is interpreted as a verbal interpretation that the dividend payment as above is ultimately guaranteeing the principal, and there is no error of law that affected the conclusion of the judgment, as argued by the defendant.

The defendant's assertion of mistake is without merit.

There is a high possibility of criticism as an offense of impairing the sound financial transaction order and spreading a large number of victims on the assertion of unfair sentencing.

The amount of damage caused by the act of receiving the same in this case is 1.34 billion won.

유사 판례

-서울고등법원 2012.12.14 2012노1981

-대전지방법원 2015.04.24 2014노3530

-대구지방법원 2020.09.24 2019노4197

-서울중앙지방법원 2012.11.29 2012노3049

-서울중앙지방법원 2015.05.14 2015노368