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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 A1) In light of the fact that: (a) Defendant A demanded money from Defendant A in accordance with the commercial direction of Ma, and delivered a considerable portion of the money received to Ma; (b) Defendant A attempted to gather money from Defendant A several times; (c) Defendant A attempted to gather money from Defendant A without permission; (d) Defendant A made efforts to secure CCTV at the time of delivery of money to Ma; and (e) advance payment to Defendant A was promptly paid to Defendant A; (e) Defendant A’s statement may be recognized as credibility. Nevertheless, the lower court erred by misapprehending the facts that it was difficult to believe Defendant A’s statement; and (e) the lower court’s judgment that the instant crime was the sole criminal act of Defendant A, thereby affecting the conclusion of the judgment, which affected the conclusion of the judgment, is unreasonable.
B. Prosecutor 1) As the consistent statement of Defendant A’s assertion of misunderstanding of facts, the fact that M instructs Defendant A to prepare back money, and brought about KRW 18 million out of KRW 30 million received by Defendant A. Nevertheless, the part of the charges against Defendant A, which committed the instant act of taking property in breach of trust in collusion with M, is erroneous in the misapprehension of facts, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence against Defendant A and the lower court’s sentence against Defendant B (a fine of KRW 5 million) on the allegation of unfair sentencing (a fine of KRW 5 million) on the ground that all of the charges against Defendant A were too uneasible.
2. Determination
A. The lower court’s judgment on the assertion of mistake of facts by Defendant A and the Prosecutor was based on the following circumstances, i.e., Defendant A failed to make a consistent and clear statement on the amount of money that Defendant A received from Defendant B, its use process and amount, and ②.