A defendant shall be punished by imprisonment with prison labor for not less than nine years and a fine not exceeding two hundred million won.

The above fine shall be imposed on the defendant.

A. Defendant (1) The amount of money received as a bribe from E on July 6, 2011 is not KRW 200 million but KRW 170 million.

Nevertheless, the court below acknowledged the defendant's acceptance amount as KRW 200 million by reliance on the statements of E without credibility.

Therefore, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

(2) The sentence imposed by the lower court on the Defendant (one hundred years of imprisonment and a fine of KRW 400 million, additional collection of KRW 269 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. Determination of the Defendant’s assertion of mistake of facts (1) The Defendant’s confession in the original court alone cannot be said to be doubtful of the probative value or credibility of the confession, solely on the grounds that the confession in the original court differs from the statement in the appellate court.

In determining the credibility of a confession, the credibility of a confession shall be determined in consideration of whether the contents of the confession are objectively rational, what is the motive or reason of the confession, what is the background leading to the confession, what is the reason why there is no conflict or inconsistency with the confessions among other evidence than the confessions.

(See Supreme Court Decision 2001Do4091 Decided September 28, 2001, etc.). Meanwhile, in a case where the confession of a defendant does not have any reason provided for in Article 309 of the Criminal Procedure Act, and there is no situation where there is no reasonable doubt among the motive and process of making a confession, it constitutes a fluent evidence accompanied by the supporting evidence (see, e.g., Supreme Court Decision 92Do873, Jun. 12, 1992). (2) The defendant led to the confession of all the charges of this case in the court below.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's above confession statement can be sufficiently recognized as credibility.

(a) E.