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The judgment below
The part of the defendant D against the defendant is reversed.
Defendant
D. A person shall be punished by imprisonment for not more than ten months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The punishment (one year of imprisonment) sentenced by the court below to Defendant A is too unreasonable.
B. The prosecutor (unfair sentencing with respect to Defendant A)’s sentence imposed by the lower court on Defendant A (one year of imprisonment) is too unhutiled and unfair.
C. Since March 25, 2013, Defendant B did not commit the crime as indicated in the judgment of the court below, Defendant B (1) and (1) did not commit the crime. As such, the sum of 11,350,000 won from Nos. 137 through 168 in the crime sight table 2 as indicated in the judgment of the court below should be excluded from the amount of additional collection because it was not a criminal profit. ② Defendant B transferred to Defendant A the sum of 22,30,000 won for distribution and program from June 11, 2012 to July 2, 2012, under the pretext of 22,300,000 won, and under the pretext of profit, from July 23, 2012 to March 25, 2013, the sum of the above amount should not be excluded from the amount of additional collection, and thus, Defendant B should not be excluded from the amount of additional collection. ③ Meanwhile, Defendant B should be excluded from the amount of additional collection.
Nevertheless, the judgment of the court below which calculated the amount of additional collection to Defendant B, including each of the above amounts, has affected the conclusion of the judgment.
(2) The sentence imposed by the lower court on Defendant B (one year of imprisonment, two years of suspended execution) is too unreasonable.
Defendant
D (1) misunderstanding of facts or misunderstanding of legal principles (1) remitted the sum of KRW 15,500,000 in total to Defendant A or his spouse, and KRW 13,670,000 in total to Defendant B, out of the amount deposited as the proceeds of the instant crime, Defendant D remitted the sum of KRW 15,50,000 to Defendant A or his spouse. Each of the above amounts is the amount acquired by Defendant A and B, and should be excluded from the additional collection amount for Defendant D, and ② Defendant D remitted the sum of KRW 11,440,00 to accomplice E.