A. In fact, the Defendant, by proposing the advisory role in the expendable materials supply business (hereinafter “MRO business”) for the KB financial group from E, received the payment of KRW 20 million on April 13, 201 as an advisory fee, and KRW 10 million on May 27, 201 as an advisory fee, respectively. Thus, the Defendant did not file a complaint against E by false facts.

In addition, as long as the defendant has been proposed to act as an adviser from E as above, it is highly probable that the defendant has understood the nature of each of the above money as the defendant's assertion, and therefore there is no awareness that E is a false accusation, and there is no intention to commit a crime without doubt.

(b) the sentence of 1 deliberation that considers unfair sentencing (referring to 8 months of imprisonment and 2 years of suspended sentence) is too unreasonable;

2. Determination:

A. The fact that a criminal judgment already became final and conclusive on the same factual basis as a judgment on the same factual basis as that on the assertion of mistake is material evidence, and thus, it is difficult to employ a decision on the facts in the criminal

Unless there are special circumstances acknowledged, the facts contrary thereto cannot be recognized (see Supreme Court Decision 2009Do11349, Dec. 24, 2009). In light of the above legal principle, the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court, namely, in the previous criminal case against the Defendant, the Defendant deceiving E, despite the absence of the intent or ability to force the Defendant to purchase the scrap metal at the treatment shipbuilding sea, by inducing E to purchase the said scrap metal under the name of the player money and entertainment expenses for purchasing the said scrap metal from E on April 13, 201, and the Defendant acquired the said scrap metal by deceiving E in spite of no intent or ability to force the construction works ordered by the Water Resources Corporation, and the Defendant received KRW 10 million as entertainment expenses on May 27, 2011.