Defendant

All appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

In light of the fact that the Defendant received money from the Defendant or the F Co., Ltd. (hereinafter “F”), and used part of the money for the F’s operation, the F is a real-person company run by the Defendant, and the Defendant used part of the money received through his account in the F’s name as the F’s operating expenses, and subsequently exempted the F from the expenditure of the F’s operating expenses to be borne by the Defendant. In light of social norms, it is reasonable to view that the Defendant is liable for the crime of taking property or property in breach of trust, since it can be said that the F is the same as the Defendant directly received property or property gains.

Nevertheless, the judgment of the court below that acquitted the defendant is erroneous in the misapprehension of legal principles.

The sentence of an unreasonable sentencing sentence (ten months of imprisonment, two years of suspended sentence) of the lower court is too unjustifiable.

Defendant

misunderstanding of facts as to the receipt of a breach of trust and misunderstanding of legal principles, the Defendant asked the producers of broadcasting stations to allow them to broadcast their singing prior to their own management, and did not make an “illegal solicitation”.

It is difficult to view that the Defendant had a criminal intent of giving property in breach of trust in light of the following: (a) the amount of money that the Defendant provided to producer was KRW 200,000 or KRW 1.5 million per time; (b) the number of grants was only 15 times; and (c) the total amount was not only KRW 11.2 million; and (d) the money was remitted to the account in the name of the recipient.

In light of the defendant's business, role, relationship with the other party, etc., the defendant's act of paying money to the producer constitutes a private case, and it cannot be viewed as a violation of social norms.

The sentence of unfair sentencing by the court below is too unreasonable.

Judgment

Judgment on the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles (the part on acceptance of breach of trust).