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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles [Attachment 1 through 4 in the guilty portion of the judgment of the court below ] Defendant’s defense counsel stated in the appellate brief dated October 29, 2014 as the grounds for appeal the misapprehension of legal principles as to the attached crime sight table Nos. 1 through 4 in the judgment of the court below, and the mistake of facts and the omission of judgment as the grounds for appeal. However, during the first trial of the court of this case, the defense counsel’s opinion on February 25, 2015 is deemed only to the extent that supplementation of the above appellate brief is supplemented. A) Of the list of crimes committed in the attached to the judgment of the court below (hereinafter “original crime sight table”), 13 million won among the number 1, 200,000 won among the 1,300,000 won in the judgment of the court below, and 130,000 won in the judgment of the court below as the agreement between GF and investors of GF (hereinafter “F”) and the head office’s discount.
Accordingly, the defendant received the total of KRW 43 million in return for the exclusive right to sell the domain ( KRW 30 million in the number of KRW 13 million in the list of the original crime) and KRW 40 million in trademark usage fees ( KRW 40 million in the number of the original crime list 2), and KRW 5 million in the domain name usage fees ( KRW 5 million in the number of the original crime list 2), respectively, and each of the above amounts is paid KRW 88 million in the total of KRW 43 million in the value of the exclusive right to sell the domain ( KRW 5 million in the number of the original crime list 2), and each of the above amounts cannot be deemed to have been embezzled by the defendant.
B. Of the list Nos. 1 of the lower judgment, the Defendant deposited KRW 140 million in F until July 31, 2012, the remainder of KRW 44 million, 300,000,000 in cash, and accounts as provisional receipts until July 31, 2012. The amount of KRW 180,000,000 until August 31, 2012, KRW 143,00,000 until September 31, 2012, and KRW 3,00,000 until October 31, 2012.