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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the lower court (one month of imprisonment and one year of suspended execution) is too unreasonable.
B. According to the evidence submitted by the prosecutor 1 of mistake of facts, the court below acquitted the Defendant of this part of the facts charged, although the Defendant could sufficiently recognize the fact that he lent KRW 60 million to E, which affected the conclusion of the judgment, by misunderstanding the facts and misunderstanding the facts. 2) The court below acquitted the Defendant of this part of the facts charged on the ground that whether the Defendant lent KRW 60 million to E does not constitute the element of the crime of violating the Community Credit Cooperatives Act due to the good offices of offering money or not, and the circumstances that should be considered as the sentencing person should be considered as the sentencing person, but the court below acquitted the Defendant of this part of the facts charged separately by viewing this part of the facts charged as
3 Even if not, the lower court’s sentencing is too unhued and unreasonable.
2. Determination
A. In a criminal trial of a prosecutor’s assertion of mistake of facts, the acknowledgement of facts should be based on strict evidence with probative value, which makes the judge not more likely to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to the prosecutor’s above conviction, there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable.
Even if the interests of the defendant cannot be determined by the interests of the defendant
(Supreme Court Decisions 2010Do14487 Decided April 28, 201, and 2005Do8675 Decided March 9, 2006, etc.). In light of the aforementioned legal principles, the gist of this part of the facts charged is as follows: (a) the Defendant lent the amount of KRW 60 million to E to arrange for offering money and valuables for the election of the president of community credit cooperatives; and (b) E is 40 million from J.