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(영문) 서울서부지방법원 2020.06.04 2019노507 (1)
배임수재
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the purport of the grounds for appeal, Defendant A and C led to a crime committed by the prosecution, there are evidence, such as corresponding S, L’s statement, camera, and transcript, and the lower court also acknowledged that the Defendants anticipated to pay KRW 200 million according to personnel expenses referred to in the personnel expenses in the course of the series of projects, Defendant A received 20 million in exchange for illegal solicitation from Defendant B and C, and Defendant B and C received 200 million won in the name of personnel expenses for the conclusion of the sales agency contract, and Defendant B and C gave KRW 200 million in full guilty of the facts charged of this case.

Nevertheless, the court below acquitted the Defendants on the ground that the KRW 200 million received by Defendant A was irrelevant to the solicitation for the conclusion of the sales agency contract, and the judgment of the court below erred by mistake of facts.

2. The lower court found the Defendants not guilty on the grounds indicated in its reasoning.

Examining the judgment of the court below closely by comparison with the records, it is just and acceptable, and it does not seem that there was a mistake of mistake of facts, as alleged by the prosecutor.

The prosecutor's assertion of mistake is without merit.

3. Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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