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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts (A) the part concerning the crime of violation of the Attorney-at-Law Act (the part concerning the crime of violation of the Attorney-at-Law Act in the name of solicitation for L Co., Ltd.) and the Defendant and N consistently agree that the Defendant borrowed KRW 431 million from the investigative agency to the court of original trial, and thus, the above amount is not established in the case of this part of the facts charged. However, the court below found the Defendant guilty. The court below erred by misunderstanding of facts and affecting the conclusion of the judgment.
(B) The part concerning the offering of bribe to U and the crime of violation of the Attorney-at-Law Act in the name of solicitation for U and U and AA (Article 3 and 6 of the original judgment) was either delivered money to U as stated in the facts charged, or received money from U and AA as stated in this part of the facts charged, but the court below found the defendant guilty of this part of the facts charged by reliance on U and AA’s statements that are not consistent and are not reliable because the statements are inconsistent with each other. The judgment of the court below is erroneous
(2) In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.
[The defendant and his defense counsel withdrawn the assertion of mistake of facts and misapprehension of legal principles as to the remaining facts charged during the fourth trial of this Court, and thus no separate judgment is made.]
B. In light of the fact that prosecutor (1) conspireds with the defendant and delivered KRW 50 million to U, the N's statement in collusion with the defendant, and contrary thereto, N's statement in the original court is not open to reliable credibility. Although it can be found guilty of this part of the facts charged by N's statement at N's prosecutor, the court below acquitted the defendant of this part of the facts charged. The judgment of the court below affected the conclusion of the judgment by misunderstanding the facts.