Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) does not receive money from B in return for an illegal request with respect to sports events.
The defendant only contributed to the best by participating in the competition on the day of the instant case, and there is no fact that he did not meet B after the game was finished.
Nevertheless, the judgment of the court below that found this part of the charges guilty on the basis of the statements made by B without credibility is erroneous, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in this part of the charges is that the Defendant decided to select B in M’s N home games at a place in BX border.
It is delivered from the above B, and the "one set of No. 3 million won will be awarded for the first set of net."
“I listen to the horses, and see a set of money with a set of money for viewing a set of money.”
At around 18:30 on the same day, the Defendant was parked in R, the first person among the 2014 KBO Rib “Mvs Q,” which was held in the above MM at around 18:30 on the same day, and was parked in the vicinity of the above MM on the same day.
Within B’s car, B received KRW 3 million in cash.
Accordingly, the Defendant, as a player of a specialized sports, committed an illegal act in return for an illegal solicitation in connection with a sports event, and received property in return.
B. The lower court found the Defendant guilty of this part of the facts charged on the grounds indicated in its reasoning.
(c)
A thorough examination in light of the evidence duly admitted and examined by the court below and the court below's judgment and the court below, the circumstances mentioned by the court below can be fully acknowledged, and considering the following circumstances, the defendant received 3 million won in cash from B in return for an illegal solicitation that "the defendant would give KRW 3 million to the first person, who was the first person in QX A, in the game with Q.
full recognition may be accepted.
Therefore, this part of the facts charged is found guilty.