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The judgment below
The part against the Defendants is reversed.
[Defendant A] The defendant shall be punished by imprisonment with prison labor for a period of two years and six months.
Reasons
1. Summary of the grounds for appeal;
A. In relation to the amount of money, valuables and entertainment (attached Form 20. 20) received by the Defendant G (1) by the Defendant of mistake of facts from Co-Defendant A, the market price at the time of the receipt of the above vehicles is higher than that of other vehicles of the same kind, and as such, the reduction of the distance according to such mileage should be sufficiently reflected in the list of crimes in the above list of crimes.
Nevertheless, the lower court: (a) continuously employed the method of evaluation computed by the prosecutor, applied the value of the vehicle indicated in the automobile insurance policy as it is; and accordingly, (b) calculated the total amount of the Defendant G’s property in breach of trust, which is an inclusive crime; and (c) accordingly, erred and adversely affected the conclusion
(2) The sentence imposed by the lower court on Defendant G (two years of imprisonment, additional collection charges 133,261,925) is too unreasonable.
B. The punishment sentenced by the court below to Defendant A (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. (1) The lower court’s determination on the assertion of mistake of facts by Defendant G: (a) calculated the amount of money and valuables related to the vehicles 1 Ecuas380 vehicles 1 Ecuas380 in relation to the receipt and entertainment of the attached list of crimes (20), which Defendant G received from Defendant G, as KRW 22,940,00, and ② calculated the amount of money and valuables related to the vehicles 6 Ecuas500 vehicles 57,390,000, in total, KRW 133,261,925, and the grounds therefor are as follows.
(A) On April 9, 2012, Defendant G purchased 15,000 Ecuas380 vehicles from A (Evidence Nos. 12 rights 9,919) and 10,000 vehicles of Ecuas50 on May 16, 2014 (Evidence No. 12 rights 9,936 pages) respectively.
(B) The Defendant is each of the instant vehicle insurance policies (Evidence Records 9,953, 9,954) of the instant vehicles.