특정경제범죄가중처벌등에관한법률위반(수재등)
The judgment of the court below is reversed.
Defendant
A Imprisonment for two years and fines for 48,000,000 won, and Defendant B for a fine of 10,000,000 won.
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding the fact that the Defendant promised to receive rebates from B only one won of CCTV supplied from B, but the Defendant did not specifically specify the amount and promised to receive 60 million won money and valuables from B.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.
2) The sentence sentenced by the lower court to the Defendant (a punishment of 3 years and 6 months, a fine of 84,000,000 won) is too unreasonable.
B. The Prosecutor’s sentence (Defendant A: Imprisonment of three years and six months, fine of 84,00,000, and fine of 10,000,000) that the lower court sentenced the Defendants is too uneased and unreasonable.
2. Determination
A. The lower court’s determination as to Defendant A’s assertion of mistake of facts 1) In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, Defendant B promised to give Defendant A a total of KRW 60 million in return for the supply of CCTV to Defendant A, and Defendant B’s statement that Defendant A accepted it was credibility to the extent that it excluded a reasonable doubt.
The decision was determined.
① Although Defendant B’s prosecutor’s and court’s statements regarding the timing of promise to pay KRW 60 million to Defendant A are partially changed or inconsistent with each other, the statement that Defendant B promised to specify KRW 60 million in return for the supply of CCTV to F banks by Co., Ltd. (hereinafter “G”) is generally consistent.
② Defendant B promised to pay an amount of KRW 60 million by itself, even though he/she could be punished for committing an act of offering money or goods in the process of investigation by the prosecution.
Although the statement begins, it is difficult to find any motive to make a false statement or an exaggeration the amount, and it is finally 60 million won for the defendant A.