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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles with 7th floor of the same apartment building on the same apartment floor, the Defendant did not have been able to move an article by using a sridge on the following side of the apartment building in light of the parking lot circumstances at the time, and only carried an article about 10 meters in the process, and there was no other receipt of transportation expenses other than personnel expenses.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles as to "demand transport," thereby affecting the conclusion of the judgment.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. Determination
A. On January 1, 2013, the Defendant: (a) around 10:00, transported the instant facts charged; (b) received KRW 750,000 as transportation expenses and provided a private-use truck for cargo transport with the transport cost of KRW 750,00.
B. According to the evidence duly admitted and examined by the court below, the defendant provided services to directors under the same 701, Nam-gu B apartment 215 through the same 701, and entered into a contract with the defendant to receive KRW 7,50,000,00 in total from the first and the second floor of the ridges and the first floor of the ridges, and the personnel expenses for the 4th half of the gates. According to the above contract, the defendant connecting the low-rises and the second floor of the ridges with the 215th floor, immediately after having connected the low-rises and the second floor of the ridges, it was impossible for the defendant to secure a space that connects the low-rises and the second floor of the gates with the 701 by using the gates and the second floor of the gates, but on the date of the director's death, it was possible for him to do so on the above apartment road.