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(영문) 부산지방법원 2018.04.19 2017노4362
새마을금고법위반
Text

Defendant

All appeals filed by A, E, and G and prosecutor Defendant D and E are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found Defendant A, E, and G guilty of this part of the facts charged was erroneous in the misapprehension of facts and affected the conclusion of the judgment, although there was no fact that Defendant A, E, and G received money fromO or P with respect to the guilty parts of the judgment of the court

B. Prosecutor 1) The lower court found Defendant D and E not guilty of this part of the facts charged, although it found that Defendant D and E received money with respect to the acquitted portion of the lower judgment (defendant D and E). Thus, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) Illegal sentencing (as to Defendant E), the sentence (2 million won in penalty) imposed by the lower court on Defendant E is too uneased and unreasonable.

2. Determination as to Defendant A, E, and G’s assertion of mistake of facts

A. The lower court determined that, in full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the fact that the lower court received money and valuables from theO and P was recognized as stated in its reasoning.

(1) As the testimony ofO and P, a money provider, is consistent with the important part from an investigative agency to the original trial court, credibility exists.

② Defendant A, EdoO, and P are recognized, and only some representatives attending a group of P and P were given money, and they did not deliver money to the said Defendants.

It is difficult to see it.

③ Meanwhile, women’s representatives of the Cooperative Saemaul Savings Depository are about 5 and 6, and women’s representatives of the Y-gu among them stated that Defendant G and Y were the only ones,O and P were aware of or confused with others, and that they provided money to Defendant G.

It is difficult to see it.

B. Examining the above judgment of the court below after comparing it with records, the judgment of the court below is just, and it is erroneous, and contrary to the allegations by the defendants, the facts are erroneous.

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