특정범죄가중처벌등에관한법률위반(뇌물)
The judgment of the court below is reversed.
Defendant
A and B shall be punished by imprisonment with prison labor for two years, and by imprisonment for ten months, respectively.
(b).
1. Summary of grounds for appeal;
A. The lower court, in collusion with Defendant A, received KRW 200 million from Defendant C as a bribe, on the grounds as indicated in the lower judgment, in collusion with Defendant C, and received 200 million won as stated in the lower judgment, on the grounds as indicated in the reasoning of the lower judgment, although Defendant A did not have conspired with Defendant C to receive expenses for holding a general meeting of association establishment from Defendant C, or there was no money received from Defendant C as stated in the lower judgment.
Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2) The punishment sentenced by the lower court to Defendant A (a 5-year suspended sentence of 3 years, a fine of 41,205,478, and a penalty of 20,602,739) is too unreasonable.
B. Defendant B (1) misunderstanding of facts or misunderstanding of legal principles, ① Defendant B promised to guarantee Defendant C to borrow KRW 200 million from Defendant C as the cost of holding the general meeting for the establishment of an association, thereby guaranteeing 20% of the removed shares as indicated in the judgment of the court below. However, the court below promised Defendant C to guarantee 20% of the removed shares as indicated in the judgment of the court below in return for borrowing KRW 200 million.
The judgment of the court below was correct, which affected the conclusion of the judgment by misunderstanding the facts.
② As stated in the judgment below, even if the crime of accepting bribe was established, Defendant B returned the amount of KRW 200 million to Defendant C through Q around around 2012, in which case one year has not passed since the date of borrowing the above KRW 200 million, and thus, the amount of the accepted bribe is not less than KRW 10 million, and thus the crime of accepting bribe under the Criminal Act is applicable. However, the court below determined that the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) was established on the grounds as stated in its reasoning. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
(Defendant B) June 1, 2016