특정범죄가중처벌등에관한법률위반(뇌물)
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be sentenced to two years of imprisonment and fines of twenty thousand won.
1. Summary of grounds for appeal;
A. As seen in the above, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine that found the Defendant guilty of the facts charged, or by misapprehending the legal doctrine.
1) Since the Defendant received KRW 20 million, G did not know in advance that it paid attorney fees on behalf of law firm P with respect to the case violating its Political Funds Act, and it became known from B after payment was made by substitute, the Defendant did not have any intention to receive attorney fees of KRW 20 million paid by G instead of G as a bribe in collusion with B. 2) The sole evidence of this part of the facts charged is that the Defendant received KRW 30 million. G’s statement is the testimony of G, which is not consistent with the main part, and the point at which payment was made, background, and overall circumstances were contrary to the empirical rule or objective evidence of financial transaction.
In addition, G, which did not have any property, intended to take over H (hereinafter “H”) a corporation (hereinafter “H”).
G’s statement that a bribe was given to the Defendant for the purpose of receiving a subcontract from H is not trustable in itself.
If so, G’s huber used 20 million won out of the street funds received from H or a subcontractor from H (hereinafter “AR”) as a lawyer fee, and there is sufficient motive to make a false statement that he/she offered the remainder of 30 million won as a bribe to the Defendant to conceal the fact personally favorable to H. Thus, there is no credibility in its statement.
B. The lower court’s sentence (Defendant A: imprisonment of three years and six months; fine of 50,00,000; penalty of 40,000,000; penalty of 1 year and suspended execution; fine of 2 years; fine of 20,000,000; penalty of 10,000,000) is too unreasonable.
2. Defendant A’s mistake of facts or misapprehension of legal principles.