특정범죄가중처벌등에관한법률위반(뇌물)
The prosecutor's appeal is dismissed.
1. E, the representative director of F Co., Ltd. (hereinafter “F”), of the summary of the grounds for appeal, offered KRW 30 million to the Defendant, who is a construction supervisor of public works performed by F at the time of residence in the investigative agency from December 29, 201 to the original trial (hereinafter “instant construction work”).
A consistent statement was made, and its 30 million won was set up on that day, and the facts were proved to have been settled for his own car.
K, a site warden of F, demanded the Defendant first to pay money up to the court of original trial, and delivered this opinion to E, the representative director, and the Defendant gave 10 million won, which is a part of the money received from E.
Specifically, the statement was made.
Therefore, in addition to the fact that each statement of E and K is highly reliable and that the defendant paid 20 million won out of the apartment contract deposit in cash, it is sufficient to find the defendant guilty of the charge of this case, but the court below rejected the credibility of each of the above statements on the ground of a minor change in the statements or a commercial inconsistency, and found the defendant not guilty.
2. Determination
A. The lower court determined that the Defendant received KRW 30 million from E on the sole basis of the evidence submitted by the Prosecutor, when comprehensively considering the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court.
It is insufficient to recognize it, and there is no other evidence to recognize it.
1) The Defendant consistently asserts that, from an investigative agency to the court of the court below, there was no fact that he either met E or received KRW 30 million in the date and place stated in the facts charged, and there is no financial data supporting the Defendant’s receipt of KRW 30 million from E in the lump sum stated in the facts charged.
2) E is the defendant from K in the prosecution and the original trial court.