특정범죄가중처벌등에관한법률위반(뇌물)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant merely received a bribe of KRW 25 million from AE, and there was no other fact that received a bribe of KRW 40 million, and ② there was no promise to receive a bribe of KRW 150 million from AV, and ③ there was no fact that received a bribe of KRW 20 million from AZ, the lower court convicted all of the Defendants on the ground of the evidence without credibility.
B. The lower court’s punishment on the Defendant of unreasonable sentencing (the imprisonment of eight years and fine of two hundred million won, capital punishment of two hundred million won, capital punishment of two, three, eight, and nine, additional collection of KRW 178,300,000) is too unreasonable.
2. Determination
A. (1) Determination of the assertion of misunderstanding of facts (1) the consistency and specification of the testimony of AE testimony 1) AE is consistently stated in detail on the following: (a) the second examination of bribery from AE; (b) the process and content of requesting the delivery of bribe from the Defendant; (c) the process of preparing money and other valuables; and (d) the situation at the time of delivering money and other valuables to the Defendant; etc.
The content of the AE's statement seems to be specific until it is not known without his own direct experience, and the content of the statement itself does not seem to have any particular contradiction.
B. Meanwhile, at the time of May 14, 2012, AE made a statement to the effect that “the defendant was given KRW 20 million to the defendant,” under investigation by the prosecution at the time of the first interrogation of suspect under Article 2012 Gohap296 Case No. 1848, May 14, 2012, AE reversed the statement to the effect that “the defendant was given KRW 65 million to the defendant” during the second interrogation of suspect as of May 18, 2012.
1. However, the defendant's appearance in the second interrogation of the prosecution and in the court of original instance.