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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not receive money from B in relation to the approval of the use of a new building as indicated in the judgment below.
At the time, there was no passage to the above building.
B) The Defendant received a 600,000 won card from K, but the Defendant was affiliated with a local administrative training institute at the time, and the Defendant did not receive a bribe in relation to his duties, but did not have the awareness that the Defendant was a bribe.
B. The acceptance of such an act constitutes a private case and thus, it is not illegal or legitimate act because it does not go against the social norms.
2) The prosecutor C delivered cash to the investigative agency and the defendant at the original trial.
was stated.
In light of the fact that the defendant has received a bribe from C at the time of the prosecution investigation, it is recognized that the defendant has received a bribe from C in light of the fact that the defendant has received a bribe from C and the monetary details between C and the defendant.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and erroneous in the misapprehension of legal principles.
B. Improper sentencing 1) The sentence sentenced by the lower court (one year of imprisonment, two years of suspended sentence, fine 16 million won, etc.) is too unreasonable.
2) The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. Determination
A. The lower court found the Defendant guilty of this part of the facts charged on the ground that, in full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant received KRW 15 million in relation to the duties from B, based on the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court.
(1) B In the prosecution investigation and court of the court below, the application for approval for the use of a new building was filed with DJ on December 2009, but the approval was not given due to connecting passage.