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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by a fine of 500,000 won.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not directly prepare a automatic transfer application (the content of transferring KRW 360,000 from the Defendant’s account to the Defendant’s account) and therefore, G and H have forged it. Even if not, there is a misunderstanding that some of the content of the automatic transfer application is not the Defendant’s penology, but the actual transfer date is different from that of the application, and G and H acquired KRW 360,000 from the Defendant’s account.
There was no intention to commit a crime without doubt because of the outbreak of an accusation.
B. The sentence sentenced by the court below (hereinafter referred to as 1,500,000 won) is too unreasonable.
2. Determination
A. The following facts can be acknowledged in full view of the evidence duly adopted and examined by the lower court and the first instance court.
① At a monthly meeting of the D Round held as of January 2014, the chairperson G entered into an advertising contract with the Cheongju-gun, and the advertising cost would be paid KRW 40,000 per month between March and November, 200 to the members from Sung-gun-gun, and KRW 15,000 among them would be deducted as membership fee in advance, and KRW 25,000 would be paid.
The notice was given that “.......”
② However, G became aware of the fact that not paying 40,000 won per month in the Sung-gun, but paying 40,000 won per three months, and thereafter, at the monthly meeting held thereafter, G would pay 25,000 won per month to its members.
However, it later stated to the purport that, if the above advertising fees are deposited from the Sung-gu Gun Office, the automatic transfer application is to be submitted to the head of the Tong.
③ At the monthly conference held on July 2014, members prepared an application to the effect that advertising expenses paid by Sungju-gun will be automatically transferred to G’s account, and delivered it to H by the president of the Saemaul Bank of Korea, which was present at the time.
(4) G shall be March 2014.