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Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (hereinafter in this paragraph referred to as the “Defendant A”) 1, as described in this part of the facts charged, was found guilty of the charge of taking property in breach of trust of this case against the Defendant on the ground that: (a) the Defendant, as described in this part of the facts charged, received an illegal solicitation from FF to re-enter the FF company; (b) the Defendant received cash KRW 2 million from the early police officer on February 16, 2011; and (c) he did not receive KRW 8 million from H restaurant on February 16, 2011; and (d) B and I’s statements, the sole evidence as to the receipt of KRW 2 million, as the sole evidence of the receipt of the delivery of KRW 2 million; and (c) the Defendant received KRW 8 million, as the evidence of the receipt of the delivery of KRW 2 million, are without credibility. Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
Even if another person has acquired property or property benefits, it is not established if the other person has acquired property or property benefits, and since the person who acquired property of eight million won is not the defendant who has received illegal solicitation, the defendant is not subject to the crime of taking property in breach of trust.
Nevertheless, the court below found the Defendant guilty of the charges of taking property in breach of trust. The court below erred by misapprehending the legal principles of taking property in breach of trust, thereby affecting the conclusion of the judgment.
3) In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (a fine of KRW 8 million, additional collection of KRW 10 million, and KRW 10 million) is too unreasonable. (b) In light of the various sentencing conditions in the instant case by the Prosecutor, the lower court’s sentence against the Defendants (a fine of KRW 8 million, additional collection of KRW 10 million, and KRW 10 million: Defendant B: each of the fines of KRW 3 million is deemed unreasonable.
2. Determination
A. As to the assertion of mistake of facts by Defendant A (hereinafter in this paragraph “Defendant”), the first instance court’s judgment also held in the lower court.