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Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment (one year and two months of imprisonment) sentenced by the court below against Defendant A (unfair punishment) is too unreasonable.
B. A prosecutor 1) According to the statements by F and Defendant A as to the fraud of Defendant B, the court below rejected the credibility of the above statements and acquitted the Defendant of this part of the charges by misunderstanding the facts, and thereby adversely affecting the conclusion of the judgment.
B) As to the bribe, Defendant A stated to the effect that he received cash as stated in this part of the facts charged by Defendant B and C at the investigative agency, Defendant C reversed the statement made by the investigative agency to the effect that he delivered cash as stated in the facts charged, and according to the statement of the financial transaction specification deliberation meeting, Defendant C also reversed the statement made by the investigative agency to the effect that he delivered cash to Defendant A as stated in the facts charged, and there was a fact of withdrawal of KRW 2 million from the account in the name of B around September 8, 2011, which was made three times in cash, even though the fact that the Defendants received and delivered a bribe can be sufficiently recognized, the judgment of the court below acquitted the Defendants of this part of the facts charged, which affected the conclusion of the judgment.
2. Determination
A. 1) Determination of the Prosecutor’s argument of mistake of facts in this part of the facts charged A) Defendant B’s fraud is in mind to obtain the cost of equipment that is paid on I in the same manner as indicated in paragraphs 1 and 2 of the facts charged, Defendant B, who has a common friendly relationship, falsely claims the cost of equipment use that is paid to the equipment operator on I on his own, and refund it. Defendant B prepares a transaction statement at K “K” office by manipulating the number of working days of the equipment operator by falsity.