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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Regarding the prosecutor's grounds for appeal
A. As to the part regarding the material in breach of trust from N, the lower court: (a) demanded the Defendant A to pay money in return for delivery directly or indirectly to L Co., Ltd. or N; or (b) received money and valuables from them solely on the statement of N, V, U, etc. concerning this part of the facts charged
The fact that it is difficult to recognize, that the acquisition of property or property gains by Defendant B and C is the same as that by Defendant A.
In full view of the circumstances as indicated in its reasoning, including the fact that it is difficult to assess, Defendant B and C received KRW 353,358,694 in total from L or N 35 times from May 7, 2004 to June 4, 2006, 353,358,694, such as the crime circulation table 2 attached to the judgment below, solely based on the fact that Defendant A received property or pecuniary benefits with illegal solicitation in relation to the supply to H
The judgment of the first instance, which found the Defendant guilty of this part of the facts charged, was reversed and sentenced not guilty on the grounds that there is no other evidence to acknowledge this.
The judgment below
In light of the records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the personal relation and the public relation in the crime of taking property in breach
B. As to the part of the property in breach of trust from Defendant C, the lower court, on April 20, 2004 to May 23, 2006, there is room to view that the money that Defendant C paid to Defendant B from April 20, 2004 to May 23, 2006 was a profit for investment in the funds invested by Defendant B to Defendant C, and that the money that Defendant C paid to Defendant C was delivered to Defendant A or substantially reverted to Defendant A.
There is no material to see, and supply money to H.