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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and eight months.
Defendant
A 30,000,000 won.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of the facts or misunderstanding of the legal principles (as to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (as to the crime of brain)), Defendant A received KRW 30 million from V at the time and place specified in the instant facts charged, but the above KRW 30 million from the election fund for Defendant B and does not receive it as a bribe such as the above facts charged (in other words, Defendant A did not know at all of the circumstances that Defendant A would deliver the above KRW 30 million to Defendant A at the time of receiving the above KRW 30 million from V to make a solicitation in relation to the AA business. Nevertheless, the court below accepted the above KRW 30 million with the knowledge that Defendant A would deliver the above KRW 30 million to Defendant B at the time of receiving the above KRW 30 million from Defendant A to make a solicitation in relation to the A business.
In conclusion, the court below found the defendant guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery). Thus, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B) As Defendant A used 30 million won received from Defendant B as an election campaign cost for Defendant B with the consent of Defendant B, the above KRW 30 million should be additionally collected from Defendant B.
Nevertheless, the court below collected the above KRW 30 million from Defendant A. In so doing, the court below erred by misapprehending the legal principles on additional collection, which affected the conclusion of the judgment.
2) The punishment sentenced by the lower court to Defendant A (an imprisonment of 2 years and 6 months and a fine of 30 million won) is too unreasonable.
B. Defendant B (Defendant B) did not receive a report from Defendant A on “the fact that he received KRW 30 million from V,” and Defendant A used the above KRW 30 million as “expenses for promotion of election campaign, such as the contact of journalist.”