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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) Since the testimony of mistake of facts (not guilty part) corresponds to this part of the facts charged is reliable, the judgment of the court below that acquitted this part of the facts charged is erroneous in misunderstanding of facts. 2) The sentence of an unreasonable sentencing (one year of imprisonment) by the court below is too unfeasible and unfair.
B. Defendant 1) misunderstanding of facts (the part concerning the crime of mistake) was the fact that the Defendant introduced B and BJ to C, but there was no fact that the Defendant interfered with the lessor, made documents related to the employment, and participated in distributing the loan for lease on a deposit basis as stated in its reasoning. Therefore, the lower court erred by misapprehending the fact about the degree of the Defendant’s participation. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. The lower court found the Defendant guilty of this part of the facts charged on the ground that the statement of C and AL, which corresponds to this part of the facts charged, was not reliable, as stated in its reasoning, based on the following circumstances: (i) the statement of C and AL, which corresponds to the facts charged, corresponds to the facts charged; and (ii) the statement of C and L, which corresponds to the facts charged, corresponds to this part of the facts charged; and (iii) the Defendant recognized the crimes specified in attached Tables 3 and 4 of the lower judgment.
However, in addition to the following circumstances acknowledged by the evidence duly adopted and recognized by the court below, the evidence submitted by the prosecutor alone cannot be deemed as having been proven beyond reasonable doubt, and there is no other evidence to acknowledge otherwise.
Therefore, the judgment of the court below that acquitted this part of the facts charged is reasonable, and the prosecutor's argument disputing this is not accepted.
A C is a method of distributing profits from the crime as stated in this part of the facts charged in the original judgment.