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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
See N. M. M. M. A. M. M. § 10.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) On June 26, 2015, Defendant 1: (a) the part received KRW 2 billion (misunderstanding of facts) from G around June 26, 2015, the amount received from G was paid in the amount of KRW 1 billion, not KRW 2 billion, but KRW 1 billion; and (b) was paid in the form of a lawyer’s fee for dealing with all cases of G, including financial advice and H case; and (c) was not paid in the form of a teaching system and solicitation for public officials of the trial and investigative agency.
(2) On September 2, 2015, F merely received KRW 2 billion from G as a reserve for AW agreement, and did not receive the school system and solicitation for the public officials of the trial and investigative agency.
(3) On October 30, 2015, F received KRW 1 billion (misunderstanding of facts) from G is not only KRW 1 billion but also KRW 200,000,000, and was paid as attorney fees in connection with Man, and did not receive the teaching system and solicitation of the public officials of the trial and investigative agency.
(4) Since the crime of conspiracy (misunderstanding of facts and misapprehension of legal principles) is an initial and several acts, each act constituting a single comprehensive crime is subject to consideration as to whether an accomplice is established individually. The Defendant conspired to receive KRW F and KRW 2 billion on June 26, 2015, KRW 2 billion on September 2, 2015, KRW 1 billion on October 30, 2016, respectively.
The lower court, solely on the sole basis of a specific act of implementation, found the collusion for the entire act.
B) Criminal facts No. 2 (misunderstanding of facts, misunderstanding of legal principles) (1) Each money and valuables No. 4 (17. 17. 17. 200 million won) and No. 7 (6. 6. 2015) are paid by the Defendant to F as attorney fees (investment advisory fees and advisory fees) related to the establishment of GL Investment advisory company.