뇌물공여등
The judgment of the court below is reversed.
Defendant
A For the violation of the Political Funds Act, KRW 700,000,000, respectively.
1. Summary of grounds for appeal;
A. A. Prosecutor 1) Myyang Ginseng gift tax (hereinafter “Myyang Ginseng”) provided by Defendant B to Defendant A by mistake of facts
In full view of Defendant B and I’s statements at the prosecutor’s office, R’s investigation agency and court’s statements, etc., the total value of 62 feet is at least KRW 3,720,000 per set. Nevertheless, the lower court determined that the total value of 62 feet is equivalent to KRW 774,00,000, which affected the conclusion of the judgment by misunderstanding facts. (ii) In so determining, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment. (iii) In so determining, the lower court of unfair sentencing (a fine of KRW 700,00 and KRW 500,000 as to the violation of the Political Funds Act, KRW 70,00,000, and KRW 500,000 as to
B. Defendant A (A) misunderstanding of facts) The mountain ginseng of this case related to the violation of the Political Funds Act is merely a pure intent of Defendant A to publicize the mountain ginseng of this case with the pure intent of Defendant A, and thus, cannot be deemed to be the “providing it to a person engaged in political activities for political activities.”
B) The offering of the instant mountain ginseng to Defendant A related to the offering of bribe to the members of the Do Council of the Dong-do Council is limited to the offering of ordinary and courtesy gifts after the completion of the overall session of the Do Council of North Korea, and does not offer a bribe under the pretext of solicitation related to the election of vice-chairpersons of the Do Council. Even if all the facts charged in the instant case are found guilty, the punishment that the lower court sentenced to Defendant A is too unreasonable.
2. Determination
A. The Defendants stated that the total value of the mountain ginseng of this case is equivalent to KRW 3,720,000 for the determination of mistake in the facts of the prosecutor’s assertion. In full view of Defendant B and I’s statements at the prosecutor’s office and their respective statements at the investigation agency and the R’s court, it is recognized that the total value of the mountain ginseng of this case is equivalent to KRW 3,720,000.