특정경제범죄가중처벌등에관한법률위반(사기)등
[Defendant A] All of the judgment below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The facts charged of this case.
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles by Q Q to the effect that “I cannot keep money brought to use as attorney’s fees, etc. during flight after undergoing an investigation by suspicion that I and N operated an illegal gambling site. He/she received KRW 500 million from Q, and he/she merely received KRW 500 million from Q, and he/she received KRW 500 million from Q, and he/she may in turn end up a false statement to the effect that “I may in the course of an investigation upon request by the police senior position, receive the above KRW 500 million from N or receive KRW 500 million in connection with the referral of matters belonging to the public official’s duties.” However, the first instance court found the Defendant guilty of this part of the charges by misconceptioning facts.
B) Even if it is found guilty of domestic violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant paid KRW 200 million to N’s attorney fee out of the above KRW 500 million from N, and paid KRW 80 million to N due to N’s necessity. Although the above aggregate amount of KRW 280 million should be excluded from the amount of additional collection against the Defendant, the first instance court erred by misapprehending the legal principles, thereby recognizing the amount of additional collection against the Defendant as KRW 500,000,000,000,000 from the above KRW 50,000,000,000 from around September 27, 2010, the Defendant visited the above main point in order to verify the prizes of X main points, and the Defendant did not have any power to visit the above main points from around September 28, 2010 to around September 29, 2010 to around September 30, 2010.