beta
Text
All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s misunderstanding of the facts as follows: (a) the money which Defendant A received as a rebates from the business employees L of K Co., Ltd. (hereinafter “K”) is in excess of the amount of KRW 100,000 to KRW 2 million in total for each of the names, such as novels, drillings, etc. (ii) the lower court’s sentence that is unfair for sentencing (an amount of KRW 10,000,000,000 and KRW 19,840,000) is too unreasonable.
B. Defendant B (1) did not receive any money in the name of rebates from K as a result of Defendant B’s mistake.
(2) misunderstanding of the legal principles (A) The part of KRW 5 million No. 1 of the daily list of the pertinent crime No. 1 in the attached Form No. 2 of the judgment of the court below (hereinafter “5 million portion”) was completed by the statute of limitations after the lapse of 5 years from the date of the act.
(B) Since the received portion of KRW 5 million is a single comprehensive crime based on the same facts as the criminal facts already finalized by a summary order, it is subject to a judgment of acquittal.
2. Determination
A. The lower court’s determination on the Defendants’ assertion of mistake of facts is based on the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the amount received as stated in the instant facts charged is based on “the details of rebates that were paid to each business employee” from K, which was formulated by each business employee based on the K Database’s content, which reflects all changes from the completion of the internal review of the company’s amount of rebates requested by the business employee to the approval of the representative director.
L/L team leader
P was paid to the Defendants in the case of L in the police, the prosecution, and the lower court’s court, and, in the case of P, money and valuables in the form of rebates as indicated in each of the instant facts charged.
The statement has been made, and its contents are specific and natural, as well as the overall process of the statement is also natural, so that there is credibility.
determined (P).