1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasons for the acceptance of the judgment of the court of first instance are as follows. The grounds for the acceptance of the judgment of the court of first instance are partially dismissed, and the Plaintiff’s assertion emphasized by this court are as follows, except for the addition of the following “2. Additional Judgment”, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

(The grounds for appeal by the plaintiff are not significantly different from the allegations in the first instance court, and according to the evidence duly adopted and examined by the court of the first instance, the fact-finding and judgment of the first instance are justifiable). The "the defendant's military construction site at the military construction site of the defendant" at the 8th instance court's 7th instance judgment.

The " December 24, 2015." of the 8th hye judgment of the first instance court shall be deemed to be " December 24, 2014."

2. Additional determination

A. The Plaintiff asserts that the amount of KRW 1.5 million is interest on the loan, according to the following: (a) the Plaintiff’s statement at C’s investigative agency; and (b) the Plaintiff was subject to a disposition that was suspected of having been investigated by the Plaintiff; and (c) the Plaintiff clearly asserts that the amount of KRW 1.5 million received from C is interest on the loan.

B) However, considering the circumstances acknowledged by the first instance court and the evidence duly adopted and examined by the first instance court, it is difficult to view that the Plaintiff received KRW 1.5 million as an interest on the loan even if considering the respective entries in Gap evidence 5-1 and 2 (C’s statement) additionally submitted in the first instance court. Moreover, the disposition that is not suspected of having received KRW 1.5 million is merely insufficient evidence to prove the facts constituting the Plaintiff’s offense against the Plaintiff, and it cannot be given the same value of evidence as the final and conclusive criminal judgment by the prosecution (see, e.g., Supreme Court Decisions 95Da2184, Dec. 26, 1995; 2000Da72763, Apr. 10, 201). The Plaintiff asserted that the Plaintiff was not subject to dismissal on the ground that there was no reason to dismiss the Plaintiff on the ground that there was a lack of evidence.