Text
The judgment below
The part of imprisonment with prison labor against Defendant D is reversed.
Defendant
D. A person shall be punished by imprisonment for one year.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Additional collection charges: Defendant C and D1: The lower court deemed the entire criminal proceeds as criminal proceeds as stated in the investigation report (the analysis of financial accounts in the name of the suspect), and additionally collected KRW 120,272,960 from the Defendants, but the criminal proceeds stated in the investigation report as above are the sum of the amounts deposited in the account under the name of the Defendant D’s wife A, and thus, mixing money other than criminal proceeds with money other than criminal proceeds. The duplicate calculated is also reasonable, and thus, the amount of additional collection of the lower judgment is excessively excessive. 2) The sentence (one year and six months) imposed by the lower court against the Defendants is too unreasonable.
B. The punishment sentenced by the lower court to Defendant I (six months of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal
A. In full view of the following circumstances, Defendant C and D1’s assertion of mistake as to the calculation of the additional collection charge, and the following circumstances revealed by the evidence duly adopted and investigated by the lower court and the first instance court, Defendant C, D, and defense counsel’s assertion is without merit.
① The Defendant C, D, and the defense counsel included the amount of the “paid benefit” that was deposited in the account of Defendant D’s wife, including the amount borrowed from Defendant D and A’s marriage congratulations or the money borrowed from Defendant D and AA’s friendship BF on several occasions.
However, the defendant and his defense counsel merely submitted a written confirmation of facts, and did not clearly explain the source or details of use of each of the above money. The defendant C, D, and AA had no special revenue source since they were in a position at the time of the operation of each of the game of this case. The defendant C, D, and AA had no special revenue source since they were in a position at the time of the operation of each of the game of this case.
② Defendant C, D, and the defense counsel stated money in the passbook using bonds by Defendant D, so that money is deducted from bonds, etc., the said money is not traded in the passbook.