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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor applied for amendments to the indictment with the phrase “a total of KRW 2,1060,000,000,000 in total, 33 times as stated in the list of crimes in the attached Form” in the end of the charge No. 437 at the end of the 2016 highest order, and the prosecutor applied for amendments to the indictment with the phrase “a total of KRW 2,10,060,000 in total, as stated in the list of crimes in the attached Form No. 333 times, and a total of KRW 2,1060,000 in the same manner, to “a total of KRW 110,000 in the same manner, was paid to Y” on December 10, 2014 and around 30,000 won in the same month. Since this is subject to the judgment by this court, the part of the judgment below is no longer maintained against the Defendant.
3. In conclusion, the part of the judgment of the court below against the defendant is reversed, and the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
【Grounds for the judgment rendered against Defendant B] The summary of criminal facts and evidence and the summary of the facts charged by this court are as follows. Of the facts constituting the crime of the judgment below, the court below was transferred to the agricultural bank account in the name of the Ethte in the name of the Bank of Korea, i.e., the sum of KRW 21,060,000,000 in total 33 times as shown in the list of crimes in the attached crime in the attached Table, with the agreement that “a person engaged in a similar receipt of 2,10,000,000 won in total, as stated in the list of crimes in the attached crimes, shall be paid to Defendant B in excess of the amount of investment in the future.”