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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts has received KRW 95 million from E and C in relation to the duties of executive officers and employees of financial institutions, but there is no fact that Defendant A received KRW 100 million in excess of the above amount. Nevertheless, the judgment of the court below which found Defendant A guilty of the facts charged in the instant case is erroneous by misunderstanding of facts, which affected the conclusion of the judgment. 2) In light of the various sentencing conditions in the instant case of unfair sentencing, the punishment imposed by the court below (five years of imprisonment, KRW 100 million, and KRW 100 million) is too unreasonable.
B. In light of the various sentencing conditions of the Prosecutor’s instant case, the sentence imposed by the lower court against Defendant B and C (two years of imprisonment, three years of probation, three years of community service order, 80 hours of social service order, two years of imprisonment, three years of suspended execution, three years of probation, and 120 hours of community service order) is too uneasible and unreasonable.
2. Determination
A. E and C provided Defendant A with KRW 100,000 to Defendant A in a judgment of mistake of facts and stated that they did not directly contain KRW 100,000 directly or directly confirm KRW 100,000 on the bank after line linen, and whether they were included in the bank. D appeared as a witness at the Dong Office of the Busan District Public Prosecutor’s Office in April 2013, at the end of Busan Public Prosecutor’s Office, and around April 2013, it should be said that “The fact is not KRW 10,000,000,000 won for A, but KRW 95,000,000,000,000,000 was paid as a witness at the time of rest in the Busan Public Prosecutor’s Dong Office in Busan Public Prosecutor’s 2013.
However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the court of the first instance shall be held in the court.