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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendants A (1) entered as the representative director of a joint venture company established for the victim's consumable material supply business, and received KRW 20 million from the victim as the preparatory fund on April 13, 201, and around June 2011, Defendant B received a request from the victim to keep K, which is operated by the victim, as a cooperation company in Hyundai Construction, and notified that it can request the management of Hyundai Construction through the branch to provide it, and received the necessary expenses of KRW 3 million and KRW 2 million for the preparation fund for the said consumable material supply business, and did not receive money by deceiving the victim as described in the facts charged in the instant case. Defendant B did not receive money from the victim as the adviser of the joint venture company operated by the victim, and did not receive money from the victim under the name of the victim, as stated in the instant facts charged. Defendant B did not receive KRW 17 million from the victim on April 13, 201.
B. The sentence (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 5 million) declared by the prosecutor by the court below is too uneased and unreasonable.
2. Determination
A. According to the records on Defendant A’s appeal, the following facts are examined: (a) the Defendant filed an appeal against the lower judgment on May 22, 2014; and (b) this court served the Defendant with the notification of the receipt of the trial records on June 12, 2014; (c) the Defendant failed to file the statement of grounds for appeal within 20 days as stipulated under Article 361-3(1) of the Criminal Procedure Act; (d) the Defendant filed the statement of grounds for appeal on July 8, 2014; and (e) the petition of appeal does not contain any indication of the grounds for appeal, nor does
B. The judgment of the court below on Defendant B’s assertion is legitimate.