뇌물수수
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. In relation to the Defendants (Defendant A: mistake of facts, mistake of facts, and unreasonable sentencing, Defendant B: Defendant C: unreasonable sentencing)’s charges No. 1-A of the facts charged against Defendant A, and the facts charged against Defendant B, it is true that Defendant A paid the Plaintiff’s corporate card under the name of H Co., Ltd. to use the said card for the settlement of oil payment.
However, this is not related to the duties of Defendant A as a public official, and it is only allowed Defendant A, who has a close-friendly relationship, to use the corporate card for the purpose of dealing with corporate expenses.
The sentence of the court below (the sentence of the defendant A: 2 years of the suspended sentence of six months of imprisonment; 10,000,000 won for confiscation; 3,568,000 won for confiscation; and 2 years of the suspended sentence of four months for each of the defendants B and C) is too unreasonable.
B. In light of the fact that the Defendants’ nature of crime is not good, the sentence imposed by the lower court on the Defendants is too unfasible and unfair.
2. Determination
A. In full view of the circumstances indicated by Defendant A in the part on the duty relationship of the corporate card that Defendant A received from Defendant B, among the items of “determination on the argument of Defendant A and his defense counsel,” and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as follows, the property benefits acquired by Defendant A by receiving the corporate card from Defendant B and using it are deemed to have a quid pro quo relationship as a public official of Defendant A.
Therefore, the court below is just in finding Defendant A guilty of both Article 1-1(a) of the facts charged against Defendant A and paragraph (2) of the facts charged against Defendant B, and there is no error of misconception of facts as alleged by the above Defendants.
Defendant
A shall be ordered in the construction of GGun Office and civil engineering fields around June 1993.