beta
Text
Defendant
All appeals filed against A and C and the Prosecutor Defendant A and D are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1, misunderstanding of the legal principles, Defendant A did not know that H group funds are money which could not be used at will in the agricultural partnership. Of KRW 700,000,000,000 received from the victim J was used as financial expenses related to the said H group funds, and thus was believed to receive an investment of KRW 2.5 billion from the agricultural partnership. The victim J provided the said money to Defendant A even if he was aware of the purpose of use of the said KRW 20,000,000,000,000,000 won, so Defendant A did not have an intention to obtain the said money.
2) The punishment sentenced by the lower court to Defendant A (two years of imprisonment) is too unreasonable.
B. Defendant C1) misunderstanding the fact that there was no conspiracy with Defendant A and B to commit the instant crime, and there was no fact that Defendant C was involved in the commission of the instant crime, and the receipt of KRW 50 million out of KRW 700 million received from the victimJ is merely a receipt of money from Defendant C by consulting with Z that managed the said money. 2) The punishment of the lower court sentenced by the lower court to Defendant C (three years of imprisonment) is too unreasonable.
(c)
On May 3, 2018, the prosecutor appealed the part of the judgment below against Defendant A and D and entered the scope of the appeal in entirety. However, on May 17, 2018, the prosecutor asserted that the part of the appeal against Defendant A and the part of the acquittal as to Defendant D were not guilty as follows.
1) In full view of the facts related to Defendant A’s acquittal of the reasons, misunderstanding of legal principles, Defendant A introduced the victimJ to Defendant C and G, and the fact that Defendant A actively participated in the instant crime, such as preparing a monetary consumption loan agreement in addition to the certificate of borrowing and lending in the name of the farming association corporation, and the said monetary consumption loan agreement also stated the borrowed amount in KRW 70 million.