특정범죄가중처벌등에관한법률위반(알선수재)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the violation of the rules of evidence and the facts charged in all of the charges of this case, despite the fact that the defendant received 100 million won in collusion with H and received 100 million won in connection with the referral of matters belonging to public official's duties, and received political funds from the J around October 17, 2007 under the name of the defendant's P main credit value 1,270,000 won under the pretext of the above solicitation, and received funds from the J around October 17, 2007 under the pretext of the above solicitation.
2. Judgment on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Political Funds Act due to KRW 100 million waterway
A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is imposed on the public prosecutor, and the conviction of guilt is based on the evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, so long as there is no such evidence, the suspicion of guilt against the defendant is doubtful even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2006Do735 delivered on April 27, 2006, etc.). In a case where the issue is whether to receive or receive money, the defendant denies the fact of receiving money and there is no objective evidence, such as financial data to support it.