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The prosecutor's appeal is dismissed.
Reasons
Around August 307, 2004, the Defendant: (a) had access to the process of the lawsuit and the summary of the facts charged in the proceedings of the trial of this Court by suggesting that he will have the representative director of W and X (hereinafter referred to as “W” only without distinguishing two companies for convenience) to obtain the authorization of the project of this case through E, etc.; (b) around August 30, 2007, he had the Z bank account under the name of the Defendant (hereinafter referred to as “the account of this case”) transferred KRW 100 million to H with the amount of KRW 500,000,000,000 won from August 30, 2007 to KRW 50,000,000,000 won from August 30, 2007 to KRW 500,500,000,0000 from May 9, 2008 to KRW 100,50,000.
The lower court rendered a not guilty verdict on all the facts charged of this case on the ground that there was no proof of crime.
The prosecutor of the judgment prior to remand appealed against the Defendant among the judgment below, and appealed to the appellate brief submitted as of October 31, 2012, and argued that “after the J on December 31, 2007, the Defendant himself/herself was aware of himself/herself for the success of the project, and received money as expenses necessary for the authorization and permission of the project of this case.”
On December 2, 2007, the first instance court prior to remanding the instant money, with respect to the total of KRW 400 million (iii through 6) received after the J election (hereinafter “J”), the first instance court statement prior to returning H, and the fourth public prosecutor’s office of H.