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All appeals by the prosecutor and the defendant are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles as to the facts charged in the instant case, the lower court determined that the Defendant was transferred KRW 5 million from the victim on July 22, 2011 (hereinafter “not guilty portion”).
The lower court found the Defendant not guilty on the ground that there was no proof of crime. However, according to the F and the Defendant’s statement on July 22, 201, the Defendant was unable to proceed with the business through H company and continues to perform his business through any other words. As such, the lower court found the Defendant not guilty on the ground that it was found that the Defendant deceiving F to the effect that the Russia contract is in progress, and acquired 5 million won as business promotion expenses by deceiving F to the effect that the Russia contract is in progress, and there was an error of law by misunderstanding the facts, and by misapprehending the legal doctrine on the intent of deception and defraudation. 2) The lower court’s sentence of unfair sentencing (one year and two months of imprisonment) is too unreasonable.
B. The lower court’s sentence is too unreasonable.
2. Determination
A. 1) Judgment on the assertion of mistake of facts and misapprehension of legal principles
) The representative F decided to import R-100 for Russia L-100 from H companies exporting Russia (hereinafter “H”). The representative made a false statement that “(MT) would change US$100,00 as a performance guarantee (P-BND)” in the supply of 50,000 tons (MT) allocated to the President I of the Japanese branch of G Company to the Japanese branch of Japan. However, around May 27, 2011, D and (ju) G officers of H (State) G received the money from the victim corporation, the Plaintiff did not have any intention or ability to supply the said Osia M-100 related SGS (MGS).
As such, the Defendant deceivings the representative F of the victim corporation, and its affiliated therewith is the business promotion expenses around July 22, 201 from the victim corporation.