Defendant

All A’s appeal and prosecutor’s appeal are dismissed.

Summary of Grounds for Appeal

Defendant

A misunderstanding the facts before receiving KRW 30 million from S, the Defendant asked the upper-party B to sell three points of bottled 30 million. Accordingly, the Defendant contacted the upper party B to prepare for the 30 million won by communicating the Defendant B, and the above 30 million won was the purchase price of bottled 3,000 won, and the Defendant’s contact with S was to reach the objection of S and R, but it was a violation of special law below the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The judgment of the court below which recognized a crime is erroneous in the misunderstanding of facts.

The sentencing of the lower court on the Defendant of unreasonable sentencing is too unreasonable.

In full view of the following facts: (a) the public prosecutor misjudgments the fact that the Defendant received KRW 5 million from the upper-tier Defendant B at the public prosecutor’s office; (b) the Defendant was aware that it was an intermediary payment; (c) the Defendant continuously promoted a R’s fine in installments; (d) the Defendant received KRW 5 million from the upper-tier Defendant B; (c) after receiving money from the Defendant and the upper-tier Defendant B, the Defendant intended to actually implement the terms of the R’s specific fine payment; and (d) the Defendant and the upper-tier Defendant B did not clearly state the recruitment relationship between the Defendant and the upper-tier Defendant in order to comply with his/her claim for the amount of money borrowed; and (e) the lower court erred by misapprehending the fact that the lower court acquitted the Defendant A, even if it was fully recognized that there was a conspiracy relationship between the Defendant and the upper-tier Defendant B.

2) The lower court’s sentencing on the Defendants of unreasonable sentencing (the Defendant A: one year of imprisonment, two years of suspended sentence, six months of suspended sentence, and two years of suspended sentence, are deemed to be unfair.

Judgment

Defendant

The judgment of the court below on the argument of mistake of facts A shall be based on the following facts and circumstances, and the defendant has a special amnesty from S 815.