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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. We examine the grounds for appeal filed by Defendant A within the period for submitting the grounds for appeal by supplementing the defense counsel’s opinion, summary of oral argument, etc.
1) Regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the violation of the Act on the Regulation and Punishment, etc. of Criminal Proceeds Concealment, ① Defendant A had already been punished for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the grounds that he/she acquired money including the embezzlement of this case in collusion with K, etc., and the act of disposal of the money acquired through deception constitutes stolen goods, and ② There is no relation with the victim, ② there is no money in personal account violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and there is no violation of the Act on the Regulation and Punishment, etc.
B) In most of the facts charged, each of the instant crimes committed under K’s instruction and led by S and Defendant B. Defendant A did not participate in most of the crimes, and even did not know about the contents thereof. 2) The sentence (six years of imprisonment) sentenced by the lower court of unreasonable sentencing is too unreasonable.
B. Defendant B1) In relation to the misconception of facts [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)], Defendant B did not have any intent to obtain illegal acquisition of company funds and did not have any profit. Defendant A did not think that the money would be embezzled according to Defendant A’s instruction, and therefore, Defendant A did not think that it would be embezzlement, it is nothing more than aiding and abetting as to each of the crimes of this case (the defense counsel of Defendant B after the deadline for submitting the grounds for appeal).
(2) and 1.A.
(3) subsection (3).