The judgment below

Of them, the part on Defendant E shall be reversed.

Defendant

E shall be punished by a fine of three million won.

3.2

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant to have acquired the above criminal proceeds by taking only the defendant's statement, although the defendant did not have received the criminal proceeds of KRW 25 million from the defendant A, there is an error of misunderstanding of facts and misunderstanding of legal principles.

B. The sentence of unfair sentencing (the defendant's imprisonment of 1 year and 2 months, the imprisonment of 10 months, the imprisonment of 3 months, the imprisonment of 3 months, the suspension of the execution of 2 years, the probation, the social service work, etc.) declared by the court below is too unreasonable and unfair.

2. Determination

A. In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and investigated by the court below on the assertion of mistake of facts and misapprehension of legal principles, the court below did not err in the misapprehension of facts or misapprehension of legal principles in finding that the defendant acquired KRW 10 million in relation to the crime No. 1 in the judgment of the court below, KRW 10 million in relation to Paragraph 2, and KRW 5 million in relation to Paragraph 3 in relation to the crime No. 1 in the judgment of the court below.

1) As to the acquisition of KRW 25 million as stated in the judgment of the court below, Defendant A made a statement or testimony at the investigative agency and the court below as follows. ① Defendant A made a statement or testimony at the investigative agency and the court below (including all the police and the prosecution, consistent with the principle of criminal facts stated in the judgment below, and consistent with paragraph 1 of the same Article, Defendant A made a personnel of 10 million won in cash at the AU mobile phone store office of “B” on which a loan from a bank was deposited.

As to the crime No. 2 of the judgment of the court below, the remaining 4 million won was found in cash, i.e., “C., 6 million won,” and the remaining 4 million won was found in B’s office on the day the money was collected, with regard to the crime No. 2 of the judgment of the court below.

The statement was made to the effect that "......."

② Defendant A was examined by the lower court on August 17, 2018 at the time of the examination of the witness.