A. The judgment of the court below that found the Defendant guilty of the facts charged in this case in the absence of a false accusation since the Defendant delivered KRW 20 million to E with the collection of the claim, and the delivery to G was not the name of delivery, and thus, it erred in the misunderstanding of facts.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and investigated by the lower court and the trial court, namely, E, to the investigation agency, the lower court and the trial court, and the court of the first instance, consistently stated that “The Defendant transferred KRW 20 million to a passbook of the first instance on September 9, 2004, the Defendant informed of the fact and asked G to deliver it. It stated that G’s statement was “30 million, why she would be KRW 20 million,” and that G sent KRW 15 million to J and K, and that it received KRW 5 million from the investigation agency and KRW 5 million, and that it did not request the Defendant to return KRW 800,000,000,000,000 from the first of all, the Defendant received KRW 20,000 from the Defendant’s G to the investigation agency and the Defendant paid KRW 80,000,000,000 for the above KRW 20,000.

On September 2004, E made a deposit of KRW 20 million from the Defendant by telephone, and then ordered J to transfer KRW 15 million, and KRW 5 million to K.