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The judgment of the court below (including the portion not guilty) shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The part of the defendant's statement made by the court below as evidence of mistake of facts, incomplete hearing, and misunderstanding of legal principles is that the defendant received USD 100,000 as a whole for the permission of online casino business, not the honorarium for K, so it is not directly guilty, and the part of the statement in B is also paid to the defendant under any pretext, and thus cannot be used as evidence of conviction. The victim's statement that the defendant paid USD 100,000 under any pretext, not the expense, is inconsistent, and the victim's statement that he paid USD 100,000,000 to the defendant is not consistent. At the time, the victim was delivered without distinction between the expenses paid and the expenses paid to the person in charge of the authorization or permission, and thus, the court below found the defendant guilty on the ground of the above evidence. Such fact-finding is erroneous in the misunderstanding of facts and the deliberation of facts, and there is a misapprehension of legal principles
B. In light of the circumstances under which the defendant was sentenced to USD 100,000 in unreasonable sentencing, the degree of deception is weak, the victim is also responsible for the occurrence of the crime, and there is no criminal record for the same kind of crime, etc., the sentence of the court below is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, incomplete deliberation, and misapprehension of legal principles, the court below has consistently stated that the victim H granted USD 100,000 to K from the investigative agency to the court of the court below, based on the evidence, on the other hand, the Defendant, at the police first, denied the fact that he received USD 100,000,00 in the first time, and made a false statement that he received USD 100,000 from H, while using USD 100,000 in the online casino permission-related work.