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The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor of one year and ten months;
Reasons
1. Summary of grounds for appeal;
A. The sentencing of Defendant A (two years of imprisonment, additional collection 18.5 million won) is too unreasonable.
B. Defendant B (hereinafter “Defendant B 1”) misunderstanding of facts (hereinafter “each fraud”) the Defendant believed the horses of BD and asked the police to make a solicitation as to W in the investigation case against W. As such, there was no intention to commit the crime of defraudation. (2) The sentencing of the lower court of unfair sentencing (hereinafter “the penalty of 10 months of imprisonment, 62,50 million won”) is too unreasonable.
2. Determination on the grounds for appeal
A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for permission to amend the Bill of Indictment with the content that the applicable provisions of the facts charged are modified as stated below, and this court permitted this and changed the subject of the judgment. Thus, the judgment of the court below is no longer maintained.
Although there are such reasons for ex officio reversal, Defendant B’s assertion of misunderstanding of facts is still subject to a judgment of the competent court, which will be examined below.
B. In full view of the following facts and circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to Defendant B’s assertion of mistake of facts, each of the facts of the facts charged in the instant case against Defendant B is found guilty.
Therefore, this part of the defendant's assertion is rejected.
Defendant
B denies the entire facts charged from the investigative agency to the lower court, and asserts that “self-reliance did not receive money under the pretext of solicitation in connection with W case, and only received money from A under the pretext of an investor contact with respect to Hongcheon Project, etc., which is conducted with A,” while at the third trial date of the trial, “self-reliance” was followed by all the previous arguments.