The Defendant, while misunderstanding of facts and violation of the rules of evidence, laid down the envelope with KRW 3 million, not KRW 10 million, in the Defendant’s tea, but the Defendant returned it through F, so that he did not receive money and valuables from B.

The punishment sentenced by the court below of unfair sentencing (one year of imprisonment, two years of suspension of execution, fine, and additional collection) is too unreasonable.

Judgment

The summary of the judgment of the court below as to the mistake of facts and the violation of the rules of evidence also asserted the same purport as the grounds for appeal in this part. The court below determined that even if the defendant returned the envelope containing KRW 10 million from the investigation agency to the defendant F to this court, the defendant's statement was very specific and reasonable, and the financial transaction statement in cash withdrawal of KRW 7 million from the account under the name of his own child around October 5, 2016 corresponds to the statement B, in light of the following: (a) it is sufficiently recognized that the defendant received KRW 10 million from B; (b) it is difficult to believe that the defendant and F returned the envelope to F after the crime of this case, and even if the defendant returned the envelope containing KRW 3 million to F to the defendant, the defendant did not have expressed his intention to return the envelope to the defendant as his employee; and (c) even if the defendant did not have expressed his intention to return the envelope to F, the defendant did not have expressed his intention to return it.

In full view of the circumstances known by the judgment of the court below and the evidence duly adopted and examined by the court below, the judgment of the court below is fully acceptable, and it is so argued by the defendant.