A defendant shall be punished by imprisonment for one year and a fine of thirty thousand won.

The above fine shall be imposed on the defendant.

A. Error 1) As to the acceptance of bribe on October 6, 2010 as indicated in the lower judgment, there was no fact that the Defendant received KRW 20 million from K with respect to the acceptance of bribe from K. However, the Defendant was aware that golf 1 set of money was a gift, and later returned the said money to K immediately with the knowledge that there was KRW 10 million in the said box. As such, the Defendant did not have any intention to commit a crime of bribery with respect to the acceptance of bribe against the said KRW 10 million portion. 2) as to the receipt of bribe from the end of November 2010 to the beginning of December 2, 2010 as indicated in the lower judgment, there was no fact that the Defendant received KRW 20 million from K with respect to the receipt of bribe from the Defendant.

However, even though it was known that the product description is sent, it was transferred to the plastic garbage bag through Franman M, it was immediately returned to the Defendant with the knowledge that there was KRW 10 million in the plastic garbage bag, so there was no intention to commit the crime of bribery with respect to the portion received in the above KRW 10 million.

3. There is no fact that the Defendant received KRW 20 million from K in relation to the acceptance of bribe on April 5, 2011 as indicated in the lower judgment.

However, at the time of K, it has only been used on the wind to put bags containing 2 million won into upper strings.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. The degree of the formation of a conviction to be found guilty in a criminal trial for the degree of proof of the 1 criminal fact in a judgment of mistake of facts should be such that there is no reasonable doubt, but to the extent of excluding all possible doubts, and the rejection by causing a suspicion of having probative value without reasonable grounds is not allowed as exceeding the bounds of the principle of free evaluation of evidence.

The reasonable doubt here refers to the probability of facts that are inconsistent with the facts in accordance with logical and empirical rules, not all questions and complaints.