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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
misunderstanding of facts [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to K] The Defendant purchased all merchandise coupons equivalent to KRW 2,50,000,000 at the Defendant’s personal transaction partner and delivered them to H.
The Defendant did not procure H and gift certificates fraud.
Therefore, the defendant did not have any conspiracy with the criminal intent of defraudation in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
Legal principles [Violation of the Specific Economic Crimes Act (Reconciliation)] R Co., Ltd. (hereinafter referred to as "R") do not accept money and valuables as to referral of matters belonging to duties of R executives and employees since the Defendant did not perform the duty of issuing a letter of guarantee promised to Z.
The defendant did not have any intention to act as a broker or an intermediary for the issuance of a written guarantee.
Therefore, it can not be said that the defendant's act is mediated.
The punishment sentenced by the court below on unreasonable sentencing (three years of imprisonment, four years of imprisonment, additional collection) is too unreasonable.
The punishment sentenced by the court below is too uneasible and unfair.
As to the Defendant’s assertion of the same purport as that of the judgment of the court below, the court below determined that in full view of the following circumstances, the facts that the Defendant acquired money as stated in the facts constituting the crime in the judgment of the court below can be recognized.
(1) The defendant or corporation B (hereinafter referred to as "B") has never entered into any contract to distribute merchandise coupons directly, and did not have the G merchandise coupon sales code.
In this process, the Defendant conspired with H and the Defendant “I” (hereinafter referred to as “I”).