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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant did not agree with G to hold D’s shares at the same rate, and since the shares of G in the original D are 47.5%, the Defendant did not have any fact in the facts charged, despite that the Defendant did not have any fact in the facts charged, which led the Defendant to waive 2.5% of D’s shares by deceiving G, thereby acquiring property benefits corresponding thereto, the lower court erred in matters of mistake of facts.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. The court below rejected the Defendant’s assertion in detail under the title of “determination on whether or not a certain act has been committed” in the judgment of the court below on the ground that the Defendant made the same assertion as the grounds for appeal in this part. The court below rejected the Defendant’s assertion. The circumstances acknowledged by the evidence duly adopted and examined by the court below are as follows: ① the Defendant was in the process of making financial data as if H had a right to 5% of the shares of H, i.e., the Defendant created an appearance of the same contents as H deposited 450 million won with D through its wife, and the prosecution tried to offer H a claim of 450 million won with respect to a certain amount of money as a bribe on the ground of such appearance, and H was indicted as having a right to 50 million won with respect to a certain amount of money as stated in the facts charged by the offering of bribe and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Defendant and H had a right to 500,000 won of G’s shares in the above judgment process.