특정범죄가중처벌등에관한법률위반(알선수재)
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of two years and two months, Defendant B's imprisonment with prison labor of one year and six months, and Defendant C.
I. Summary of the grounds for appeal
1. Defendant A
A. Defendant A received KRW 395 million from H as indicated in the Schedule 1 of Crimes (hereinafter “Wom1”) and distributed to Defendant B, an accomplice, KRW 56 million, KRW 27 million to Defendant C and S, KRW 27 million, KRW 146 million to AB, KRW 53 million to AB, and KRW 3 million, respectively.
Therefore, the total amount of KRW 350 million should not be included in the amount of additional collection, because it is not belonging to the defendant A.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby admitting that Defendant A provided Defendant B with KRW 20 million, KRW 40 million, and KRW 60 million in total, to Defendant C, and thereby deducting only KRW 60 million from the additional collection amount for Defendant A, and failing to deduct the remainder of each of the above dividends.
Defendant A did not agree with Defendant B as to whether or not he had conspiredd to commit the crime of Defendant B, as to whether or not he received KRW 3 million from Defendant B under the pretext of royalties related to the authorization and permission of real estate.
B. In light of the various sentencing conditions of the instant case, the lower court’s imprisonment (two years and six months of imprisonment) against Defendant A is too unreasonable.
2. In light of the various sentencing conditions of Defendant B, the lower court’s punishment (one year and six months of imprisonment) against the said Defendant is too unreasonable.
3. Defendant C
A. As to the crime of mistake of facts or misapprehension of legal principles as to the additional collection portion, Defendant C delivered KRW 30 million out of KRW 40 million received through Defendant A, etc. to AE.
Attached Form
With respect to the crime described in Table 2 (hereinafter referred to as "mail table 2"), the Defendant C, from March 2009, set forth in Table 2 Nos. 1 of sight table 2, 2000 won, 3 million won out of 5 million won, and 10 million won as of August 20, 2009, set forth in Table 2 Nos. 2 of sight table 2, to AE.