The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D. Defendant B, G, and I’s respective appeals are not guilty.

1. Summary of grounds for appeal;

A. Defendant D’s assertion of misunderstanding of facts or misapprehension of legal principles (1) did not have any fact that Defendant D received rebates from U business operators AR or AD.

Nevertheless, the court below erred by misunderstanding facts or misunderstanding legal principles, which accepted the inadmissible evidence and sentenced the defendant guilty.

(2) Defendant I did not have received rebates from U business operators AG.

Nevertheless, the judgment of the court below that found the defendant guilty on the ground that the evidence which was not reliable is erroneous.

B. The lower court’s respective punishment against the Defendants on the wrongful assertion of sentencing is too unreasonable.

2. Determination

A. (1) In full view of the following circumstances, comprehensively taking into account the determination of misunderstanding of facts or misapprehension of legal principles as to Defendant D’s assertion, the Defendant’s misunderstanding of facts or misapprehension of legal principles is reasonable, on the grounds that each statement made in the AD, AR investigation agency and the court of original instance or the court of original instance at the court below or the court of original instance to the effect that Defendant D paid money for the purpose of sales promotion, is not trustable and there is no other evidence to prove the facts charged.

AD paid a large amount of money to “AR, the team leader of which, at the court of the first instance,” AD paid to the Defendant for the offering of the money, he/she received rebates from the Defendant.

was stated.

If AD pays money to the defendant according to ADR’s instructions as its end, the statements of AD and AR should be consistent with the amount or frequency of payment of money paid to the defendant.

However, AD paid the Defendant the rebates amounting to KRW 1 million on February 2, 2011, KRW 1 million on August 201, KRW 1 million on and around August 201, and KRW 600,000 on January 2012.

The AR stated that it was paid KRW 500,000 each month from January 2010 to December 2011.

was stated.

. As such,