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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) As to the fraud described in Article 1-3(c) of the Criminal Act at the time of judgment of the original judgment on the mistake of facts, the Defendant did not have requested the victim to advance payment of KRW 20 million to M’s account, and there is no deception against the victim. Accordingly, there is no benefit from the Defendant. As to the establishment of false public documents described in paragraph (2) of the Criminal Act and the exercise of false public documents in the original judgment, the contents of public documents, such as goods inspection protocol, are not false, and there is no fact that the Defendant conspireds with S, U, T& even if the Defendant was convicted of unjust sentencing even if he was found guilty, the lower court’s punishment (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The judgment of the court below 1 on the assertion of mistake of facts as to the fraud is based on the evidence duly adopted and investigated by the court below, that is, the defendant's prior payment of KRW 20 million to M operating "N," and the defendant's first-B of the crime at the time of original adjudication from the defendant.
The victim's statement to the purport that he remitted 20 million won to M after viewing the forged public document as stated in the port as a genuine document and being delivered it to M was consistent with the main part of the judgment below from the beginning of the investigation to the original court. The victim's statement to the effect that the defendant, as at the time of the investigation, requested that he would be able to receive advance payment because he would be able to receive advance payment because he would make a false statement for or did not make a proper statement for the defendant at the time of the investigation agency and this court, and that he would make the defendant make a statement to the effect that he would not do so to the victim.