The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. With respect to F&A development projects for erroneous determination of facts and misapprehension of legal principles, I Co., Ltd. (hereinafter “I”) encourage institutional investors to make investments, create and operate funds, and real investors are institutional investors including the Construction Workers’ Mutual Aid Association. The said institutional investors do not correspond to “financial institutions” under the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012; hereinafter “former Special Economic Crimes Act”), and Defendant and D do not have any contact with the said institutional investors, and there is no room to conclude that Defendant and D had arranged matters belonging to the duties of “executive officers and employees of financial institutions.”

In addition, the defendant's act does not constitute "mediation" under Article 7 of the former Act on Special Cases, and the money that the defendant acquired is not a consideration for mediation, and the defendant has not conspired with D.

Nevertheless, since the court below found the defendant guilty of receiving money in collusion with D, the court below erred by misapprehending the legal principles on the interpretation and application of "reconciliation" under the former Act, and by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

(2) Since the fact that the defendant is most true about the acquisition and disposition of criminal proceeds is not established under the former Act on Special Cases, the defendant has no intention to obtain criminal proceeds, and the defendant has no pretended about the acquisition or disposition of criminal proceeds.

Nevertheless, the lower court convicted the Defendant of the facts charged that the Defendant pretended to acquire or dispose of criminal proceeds, etc., and thus, the lower court’s judgment on the acquisition or disposition of criminal proceeds, etc. under the Act on Regulation and Punishment of Criminal Proceeds Concealment