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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that from the date of this judgment.
Reasons
1. Summary of grounds for appeal;
A. The sentence of imprisonment (six months of imprisonment) imposed by the lower court is too unreasonable.
B. In full view of the evidence submitted by the prosecutor by mistake of facts (the fraud against B) as stated in the facts charged, the court below found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts, even though the defendant by deceiving F, who is an employee of the victim corporation B, and by forcing the victim to transfer the amount of KRW 30 million to the account under the name of H, a corporation, as stated in the facts charged, was found not guilty of this part of the facts charged.
2. A prosecutor who is subject to the trial following the amendment of indictment shall be the primary charge of fraud against the Defendant’s stock company B, and the name of the offense shall be “occupational Embezzlement”, “Articles 356 and 355(1) of the Criminal Act”, “Article 356 and “Article 355(1) of the Criminal Act”, “the facts charged” as stated in Article 4(1) below, and the subject of the trial was added by this court’s permission.
Therefore, it still examines the prosecutor's assertion of mistake of facts about the primary facts subject to a trial of the political party and the ancillary facts added in the trial of the party.
3. As to the prosecutor's argument on the primary facts charged, the lower court acquitted the Defendant on this part of the primary facts charged on the following grounds: (a) there is no evidence to deem that the Defendant had committed deception, such as the facts charged; and (b) the victim company cannot be deemed to have committed a disposal by mistake due to the Defendant's deception;
Examining the evidence duly adopted and examined by the court below and the court below in light of the records, the above judgment of the court below is just and acceptable.