The Defendant merely delegated his authority to the Defendant to obtain a proposal from M to purchase another canal wells and delegated his authority to it, and M committed the instant crime with a construction business operator, supervision company, and so, the Defendant entirely gathered the facts.

Nevertheless, the judgment of the court below which convicted each of the charges of this case is erroneous in misconception of facts.

The sentencing of the lower court (basic million won of fine) is too unreasonable.

Judgment

As to the assertion of misunderstanding of facts, the defendant has led to the second trial date of the court below, which led to the reversal that M was unaware of whether or not M violated the law.

However, it cannot be said that the probative value or credibility of a confession in the court of first instance is doubtful solely on the grounds that the confession in the court of appeal differs from the statement in the court of appeal. In determining the credibility of a confession, considering the fact that the contents of the confession statement per se are objectively rational, what is the motive or reason of the confession, what is the motive or reason of the confession, what is the circumstance leading up to the confession, and what is not contrary or contradictory to the confession among the circumstantial evidence other than the confession, the determination should be made as to whether the confession in the court of first instance has a situation where there is a rational doubt about the grounds stipulated in Article 309 of the Criminal Procedure Act, or

(2) In light of the above legal principles, the Defendant had been under investigation and trial in the state of non-detention, and the Defendant was aware of the subject of defense through a prosecutor’s specific examination conducted based on the investigation conducted by M, Construction, Approval Agency, Supervision Agency, Supervision Agency, etc., and the second trial date of the lower court as well as the assistance of the public defender on the second trial date of the lower court.