The judgment below

Of them, the part on Defendant E shall be reversed.

Defendant

E shall be punished by imprisonment with prison labor for not less than eight months.

except that this judgment.

Summary of Grounds for Appeal

Defendant

A misunderstanding of facts and misunderstanding of the legal principles [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)] Defendant A recruited union members on July 20, 2016 under the agency contract with the F Association Promotion Committee (hereinafter referred to as the "Promotion Committee") and received the union members contributions and agency expenses from them to the Tbank account in the name of the Promotion Committee, and paid 1.263 billion won out of them to the victim union H as the loan and agency expenses.

Therefore, since it cannot be deemed that Defendant A had an intention to obtain illegal permission, it does not constitute a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

The imprisonment (seven years of imprisonment) imposed by the court below on Defendant A is too unreasonable.

Defendant

B (Unfairly Undue) The punishment sentenced by the court below to Defendant B (one year and six months of imprisonment) is too unreasonable.

Defendant

D misunderstanding of facts and misunderstanding of legal principles [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Acceptance of Property) about 50 million won in cash)] Defendant D, in consultation with Defendant A, submitted a false contract under which the annual fee is KRW 100 million in P, but the difference between the annual fee is KRW 50 million in advance, and Defendant A paid KRW 50 million in personal to Defendant D.

This is the case where Defendant D embezzled the fee to be reverted to P in collusion with Defendant A, or the person who administers the business of P, by deceiving the fee of KRW 50 million by deceiving the P, which can be assessed as a commercial concurrence between fraud and the crime of breach of trust, and it cannot be viewed as receiving the money and valuables in relation to his duties as an employee of P.

The sentence imposed by the lower court on Defendant D of unreasonable sentencing (limited to imprisonment of four years, fine of 62 million won, additional collection of KRW 61,863,750) is too unreasonable.

Defendant

E (unfair punishment) Imprisonment with prison labor sentenced by the court below to Defendant E.