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(영문) 서울고등법원 2013.11.29 2013노1993

특정경제범죄가중처벌등에관한법률위반(수재등)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of six years and a fine of seven hundred million won.

The above fine shall be imposed on the defendant.

Reasons

Summary of Grounds for Appeal

A. The court below found the defendant not guilty of 300 million won portion of the accepted portion. However, since I decided to make an investment around April 2009, the specific work for investment has not been realized since June 2009, and it is necessary to confirm when I recommended N to make an investment through the N's N's oral statement that had withdrawn from the application for a witness due to the time limit in the participatory trial. Furthermore, since the change of I's statement at the time of perjury is a natural phenomenon, it is a natural phenomenon, and since I made a statement dependent on memory without any objective material, it is not an issue at all in the trial process, and since there was a special circumstance that was conducted in the participatory trial, it is difficult for the court below to properly resolve the question point, the court below erred by misapprehending the facts, which affected the conclusion of the judgment, and thus, the judgment of the court below is erroneous in the misapprehension of unjust punishment (the fine of five years, five billion won, five billion won, five billion won, five billion won, and five billion won, five billion won.

B. Defendant 1) The part of the receipt of KRW 250 million by mistake of facts or misunderstanding of legal principles (1) the transaction of preemptive right to new stocks E Co., Ltd. (hereinafter “E”) is a transaction by private placement, and is merely an intermediary.

The Defendant sent the “E business order” to the private e-mail account. The phrase “E business order” paragraph (9) means that E’s new stocks are sold in order to the market, and the profits of up to 20 billion won are calculated by dividing the profits of I and the Defendant by half, and the entry of the acquisition of the preemptive right as of August 21, 2009 and the entry of the sales contract paragraph (6) is based on the profits to be received by the Defendant among the total profits realized by selling and realizing E’s new stocks within the market.