The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the legal principles) G actually invested provisional receipts exceeding KRW 800 million in around 1997, Inc. I (Ulsan Factory) (hereinafter “instant company”).

Nevertheless, the judgment of the court below did not properly grasp the evidence submitted by the complainant H and believed only the complainant's statement and the defendant perjury.

The decision was determined.

The court below erred by misapprehending the legal principles.

2. Determination 1) According to the evidence duly adopted and examined by the lower court and the first instance court, the following circumstances are recognized.

There is no evidence to prove that G has invested money exceeding KRW 80 million in the company of this case in around 1997, and there is no evidence to prove that G had sufficient means to make an exchange of money exceeding KRW 800,000 at the time.

On July 30, 1997, the complainant and G entered into a partnership business agreement with 50:50 equity shares, and around August 1997, after investing each of 700 million won in a factory, the factory was constructed and operated together. There seems to be no circumstance that G by the end of 1997, in which case a few months have not elapsed, would be able to independently invest more than 80 million won in the company of this case.

The Defendant did not enter the instant company at a time with the money of KRW 80 million at an investigative agency and paid interim approval.

The statement was made to the effect that the money of KRW 80 million was all approved in the 97 year (the first police interrogation protocol, the evidence record 252 pages), and the statement was made that the money was not known about the money because it was in charge of the business.

In fact, the Defendant’s testimony to the effect that the payment of KRW 80 million was not known is against the Defendant’s memory, in full view of the above circumstances, etc. (the second police interrogation protocol, the evidence record 264 pages). (2) The Defendant’s testimony to the effect that G inputs of KRW 800 million or more to the instant company around 1997.