특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Of the judgment of the court of first instance, the part on Defendant CB,CC, and B (including the part on innocence) and the judgment of the court of second instance shall be reversed.
1. Summary of grounds for appeal;
A. The lower court’s sentence No. 1 (a. 3 years and 6 months of imprisonment, and a fine of 2.5 billion won) of Defendant CB (unfair sentencing) is too unreasonable.
B. The first instance court’s punishment (a 3 years of imprisonment, a fine of 1.5 billion won) of DefendantCC (unfair sentencing) is too unreasonable.
(c)
Defendant
B1) Defendant B merely received KRW 10 million from CF on the loan of KRW 35 million related to KRW 1,500,000 related to KRW 1 billion to CU, and Defendant B did not receive KRW 10,500,000,000,000 from KRW 10,000,000.
B) Defendant B demanded a bribe of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000 won.
C) The number of acceptance of bribe and acceptance of bribe in the first instance trial is much less than that indicated in the facts charged by Defendant B, etc.
Defendant
B does not receive entertainment and money in return for lending or arranging loans to CU.
D) The entertainment that the Defendant received for acceptance of bribe 2 and KRW 5 million are not received for the duties of the head of an industrial bank L branch of the Industrial Bank L.
Since the defendant has transferred five million won to AV, it is not a bribe receipt but a third party bribe offer crime.
2) The punishment (the first instance judgment: imprisonment with prison labor for 5 years, fines for 30 million won, and fines for 2 billion won: imprisonment for 6 months and suspended execution for 2 years, fines for 14 million won) of the judgment of the court below which was unfair in sentencing is too unreasonable.
(d)
(1) According to the evidence, such as the statement by theCC (as to the acquittal part on Defendant CB,CC, and B’s grounds), the lower court acquitted Defendant B of this part by misunderstanding the facts, even though it was found that Defendant B received cash 3 million won, merchandise coupons, salket, and salket, the lower court acquitted Defendant B of this part.
2) The lower court’s sentence 1 against the above Defendants is too unfair (as against Defendant CB, CD, and B).