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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) misunderstanding of facts (the acquittal part of the judgment of the court below on the grounds) and not guilty part of the judgment of the court below (the part on the use of the account No. 5, 6, 7, 8, 10, 11, and 12 in the annexed list of crimes in the judgment of the court below; hereinafter “instant account
In relation to the facts charged, in light of the fact that Defendant A used all of the accounts indicated in the separate sheet of crime in the judgment of the court below, including the instant account at an investigative agency, and there exist the details of withdrawals between the accounts indicated in the list of crimes, the court below found Defendant guilty of the crime of violating the National Sports Promotion Act due to the use of the instant account, but the court below acquitted Defendant of this part of the charges. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) Each sentence (one year and six months of imprisonment) sentenced by the court below to the Defendants, which is unfair.
B. Each sentence sentenced by the court below to the Defendants is too unreasonable.
2. Determination
A. 1) The summary of this part of the facts charged is that the Defendants received KRW 16,172,186,519 as stated in the attached Table No. 5, 6, 7, 8, 10, 11, and 12 of the crime sight table as indicated in the judgment of the court below and committed the crime as stated in the facts charged. Meanwhile, according to the evidence presented by the court below, the account number under paragraph 6 of the same Article appears to be the error of the "J". 2) According to the evidence presented by the court below, in the case of the account of this case, there is the particulars of deposit and withdrawal with each account used for the crime of this case, or the fact that Defendant A stated to the effect that all of the annexed list was used for the crime during the prosecutor's investigation process.
However, the details of the use of the account (number 5) and the scale and form of the transaction between the account used for the instant crime and the account in this case, and the account in this case.