뇌물공여
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for eight months and a suspended sentence) is too unreasonable.
2. The instant crime is determined based on the following circumstances: (a) the Defendant, who actually operated D, entered into a waterworks relocation contract with the redevelopment association and provided the Plaintiff with cash equivalent to KRW 612 million in total for more than four years; (b) the instant case is not less than that of the Plaintiff; (c) the Defendant provided a bribe according to industry’s erroneous rebates practices and the J’s active demand; (d) not giving a bribe in relation to construction contracts; (c) the Defendant inevitably responded to demand for a bribe in order to receive payment at the time; (d) the Defendant recognized the instant crime from the investigation stage, recognized the instant crime from the investigation stage, and is in profoundly against the mistake; and (e) there is no other history of punishment against the Defendant for the same kind of crime; and (e) the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant’s crime, circumstances leading to the crime, etc.; and (e) the sentencing conditions indicated in the instant pleading after the crime are considered as inappropriate.
3. Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 133(1) and 129(1) of the Criminal Act (generally and collectively, the choice of fines) concerning the crime;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;