뇌물공여
All appeals by the Defendants are dismissed.
The summary of the grounds for appeal is as follows: Defendant A (misunderstanding of facts) was unaware of the fact that Defendant B, and C, through Defendant D, and E, gave Defendant F a KRW 30 million for the solicitation of promotion of his official in charge; and Defendant A was able to hear the above facts from Defendant B on July 29, 2015 after the LA personnel committee decided to decline in its promotion. Thus, Defendant A did not have conspired with Defendant B, and C to commit a crime of bribery.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.
Defendant
B and C (unfair sentencing) The sentence sentenced by the lower court to Defendant B and C (hereinafter “Defendant B”): imprisonment of 8 months; imprisonment of 2 years; and fine of 15 million won) is too unreasonable.
Defendant
D Fact-misunderstanding that Defendant D merely delivered a paper to Defendant F through E on March 6, 2015 upon Defendant C’s request from Defendant C to deliver a paperbook to Defendant F, and Defendant D had no intention to commit a crime of giving a bribe since the cash was a bribe in the name of Defendant A’s solicitation for promotion. In that sense, Defendant D had no intention to commit a crime of giving a bribe.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.
The punishment sentenced by the court below to Defendant D (one year of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.
Defendant
Although Defendant F, who is erroneous in the F facts, was in contact with Defendant A on March 5, 2015, there was no request from Defendant F to the effect that Defendant A can be promoted to an official in charge of the affairs.
Defendant
F did not receive a e-mail card from E in the name of S (hereinafter “instant account”) as indicated in the lower judgment, nor used money deposited in the instant account by any other means.