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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (in fact-finding, misunderstanding of the legal principles, and unreasonable sentencing) 1) concluded a contract with the victim to directly contract the instant construction work with the victim by lending the name of G to receive KRW 1.4 billion. Accordingly, the Defendant’s payment of KRW 178 million, which the Defendant received from the victim, was paid to the Defendant as performance of the said contract, thereby allowing the Defendant to freely use this. In addition, the Defendant completed most of the instant construction works from the instant construction until July 2019, and it is difficult to view that the Defendant intended to obtain the said money from the Defendant, even if he was found guilty of the Defendant for the above construction cost, since he used a considerable portion of the said money for the said construction cost, it is difficult to view that he had an intention to obtain the said money from the Defendant. (2) Even if the Defendant was found guilty of
B. Defendant B (unfair punishment) The sentence of the lower court (fine 5 million won) is too unreasonable.
Defendant
B asserted only unfair sentencing in the statement of grounds for appeal as the grounds for appeal, but Defendant B’s defense counsel added a mistake of facts or misapprehension of legal principles to the effect that “an act before filing a complaint or investigation against A is conducted” in the summary of the pleading as of September 10, 2020 as the grounds for appeal.
However, the above summary of the oral argument cannot be a legitimate reason for appeal since it was submitted after the deadline for submitting the statement of grounds for appeal. Furthermore, even if ex officio, the so-called "person who committed an offense" under Article 151 (1) of the Criminal Act includes a person who is subject to investigation under the charge of a crime, and further, if a person knows that he/she was a person who committed an offense subject to a fine or heavier punishment but causes an escape, even if he/she did not yet have been subject to investigation at the time of such person's escape
(See Supreme Court Decision 2003Do4533 delivered on December 12, 2003).