뇌물수수
1. Defendant A’s appeal is dismissed.
2. Of the first instance judgment, the part against Defendant C and the second lower judgment.
1. The first instance court found Defendant A not guilty of the charge of receiving KRW 10 million, which is recognized as having been paid as a repayment for the loan, among the facts charged against Defendant A, and found Defendant A guilty of the crime of acceptance of bribe with respect to the remainder of KRW 10 million which is related to the crime, inasmuch as the lower court found Defendant A guilty of the crime of acceptance of bribe with respect to the remainder of KRW 1
However, the above judgment of the court below was appealed only by Defendant A, and the prosecutor did not appeal against the acquittal part of the above reasons.
In such cases, the acquittal portion of the reason is also judged in the trial together with the guilty portion due to the principle of no appeal, but this part has already been relieved of the object of the trial from the object of attack and defense between the parties.
Therefore, the judgment of the court of first instance is to be followed with the conclusion of the judgment of the court of first instance, and it is not judged separately at the trial.
2. Summary of grounds for appeal;
A. Defendant A (A) is paid KRW 10 million as the price for purchase of land in accordance with the proposal of F Co., Ltd. (hereinafter “F”), and this is not related to the duties as the president of the E-building and maintenance project association (hereinafter “instant association”).
B) In addition, at the time, F had the obligation to pay the operating expenses of the instant cooperative to the instant cooperative, and Defendant A was not paid expenses and benefits, etc. that were paid by the said cooperative for the operation of the said cooperative. Accordingly, the judgment below is erroneous by misapprehending the facts and misapprehending the legal principles that found Defendant A guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.
2) The first instance court’s punishment against Defendant A of unreasonable sentencing (the imprisonment for eight months, the suspension of the execution of two years, the fine for twenty million won, and the additional collection of ten million won.