특정경제범죄가중처벌등에관한법률위반(수재등)
1. The judgment of the court below against Defendant A is reversed.
Defendant shall be sentenced to imprisonment of eight months and fine of twenty-five thousand won.
1. Summary of grounds for appeal;
A. Although Defendant A [misunderstanding of facts about the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) due to the collection of money and valuables in KRW 25 million] received a total of KRW 25 million from B, the court below found Defendant guilty of this part of the facts charged by mistake
B. A prosecutor (1) misunderstanding of facts (A) against Defendant A and C (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Aggravated Punishment, etc. of Specific Economic Crimes) due to the receipt of money and valuables from Defendant A, Defendant C's violation of the Aggravated Punishment, etc. of Specific Economic Crimes (the extension of evidence, etc.)] granted KRW 50 million under the name of giving convenience when Defendant C applied for a loan, and the fact that Defendant A received it is recognized, the lower court deemed that the above money was merely a loan by misunderstanding of fact
(B) According to the facts charged, the court below acquitted Defendant B of this part of the charges on the part of the facts charged, although it can be recognized that Defendant by deceiving the victimJ as stated in this part of the charges, and by deceiving the victimJ as in this part of the charges, the court below acquitted Defendant B of this part of the charges by misunderstanding the facts. 2) The court below found Defendant guilty of this part of the charges on the part of the charges, in view of the fact that Defendant could have acquired pecuniary benefits by deceiving the victim M, N and Stock CompanyO as in this part of the charges, as in this part of the charges.
3. According to the facts charged, according to the court below's testimony of the witness S, the defendant could be recognized that he deceivings a victim mutual savings bank, as in this part of the facts charged, to acquire money.