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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of 3.5 million won.
Defendant
B.
Reasons
1. The summary of the grounds of appeal 1) Defendant A did not cause the victim to have his sales proceeds delivered to U by threatening the victim, and the victim purchased gold according to the market price with U.S. and thus did not cause property damage to the victim.
2) Defendant B’s punishment (a punishment of KRW 3.5 million) by the lower court is too unreasonable.
3) The lower court’s sentence against Defendant A of the Prosecutor (2.5 million won in penalty) is too unhued and unreasonable.
2. Judgment on Defendant A 1) The Defendant asserted the same assertion in the lower court.
The lower court rejected its assertion in full view of the following circumstances:
① The victim stated consistently with the investigative agency and the court below that, in order to produce CDs containing the transaction page of issuing cash receipts, the Defendant would not be at any disadvantage when the Defendant reported the issuance of cash receipts, the Defendant would have made the Defendant engage in gold transactions with U.S. as desired by the Defendant.
② In addition, the victim consistently informed the investigative agency and the lower court that prior to the end of the gold transaction with U U, the Defendant, showing the CD in advance, and purchasing gold to the victim that he did not issue a receipt of cash was discovered two times prior to the end of the gold transaction.
was stated.
(3) The Defendant had shown CDs after the close of gold transactions with the victim and U.S.
The argument is asserted.
However, the victim may not purchase the gold with a high possibility of being a stolen at the original instance.
Since these statements were made in line with the usual transaction concept, it is credibility in the victim's statement that the defendant involved before the expiration of the gold transaction between the victim and U.S.
(4) The injured party was unable to refuse a request from an investigative agency to purchase gold because the accused was taking his/her weak points.
was stated.
In addition, the victim is illegal.