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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
The judgment of the court below which found the defendant guilty of 140,600,000 won which was received from D by mistake of facts or misapprehension of legal principles is merely 55,40,000 won, and the statement made by D in the investigation agency about the amount paid to D is not consistent and it is not reliable. However, the judgment of the court below which found the defendant guilty of misunderstanding the facts of the charges of this case that the defendant acquired a sum of KRW 140,60,000 from D from October 29 to May 26, 2009, by misunderstanding the facts and thereby affecting the conclusion of the judgment.
At the time of borrowing money from D, the Defendant was able to jointly operate the F, E, child-care centers, and music private teaching institutes and jointly dispose of the money, and thus, it cannot be said that the Defendant had the intent to commit the crime of defraudation. Therefore, the lower court erred by misapprehending the legal principles regarding the facts charged in the instant case.
In spite of the absence of a deposit account in a corporate bank in the name of the defendant around November 2008, the court below found the defendant guilty of the part of the charges of this case that he received 3,300,000 won from D on November 12, 2008 to the corporate bank deposit account in the name of the defendant (attached Table 3 in the judgment of the court below) and acquired the above money (attached Table 3 in the judgment of the court below).
Although 1,20,00 won Nos. 18,20,000 in the annexed Table 18 of the judgment of the court below stated in the prosecutor's office at the time of investigation, the court below found the defendant guilty of the above money under the pretext of monthly salary payment of the teacher of child-care centers.
Considering the fact that the defendant reflects his mistake in depth and that the defendant has no record of committing the same kind of crime, the sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
The amount of damage caused by the instant crime by a prosecutor (unfair punishment).