beta
Text
Defendant
All appeals filed by A, B, C, and D and prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (De facto mistake) received KRW 1 million from Defendant D, and Defendant A received KRW 10 million from Defendant B, despite the loan, the court below determined this as a bribe. Thus, the court below erred by misapprehending the fact and adversely affecting the conclusion of the judgment.
B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles that Defendant B paid to Defendant A as a bribe, the lower court determined this as a bribe. In so doing, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts, thereby adversely affecting the conclusion of the judgment. (2) The sentence of an unreasonable sentencing (one year of suspended sentence in six months of imprisonment) by the lower court is too unreasonable.
C. The sentence of the lower court (two years of suspended sentence in August, 200, and confiscation) is too unreasonable.
Defendant
D (In fact, Defendant D paid KRW 1 million to Defendant A, but the court below determined this as a bribe, which affected the conclusion of the judgment by misunderstanding the fact.
E. Prosecutor 1) Some of the bribery charges against Defendant A, the facts charged against Defendant F, and the offering of bribe to Defendant C (the lower court, which is factually erroneous, determined that Defendant C was a loan of KRW 8 million paid to Defendant F. Meanwhile, Defendant C paid 30 million at a higher interest rate of 2% per year for Defendant C with a higher interest rate of KRW 30 million per year, also deemed as a normal interest on the loan. Such determination of the lower court is inconsistent with the view that Defendant C, who had not been able to lend the principal while paying interest on KRW 30 million borrowed from Defendant A for a long time, was unable to repay the principal at all, and Defendant C lent 30 million to Defendant F with a loan of KRW 8 million or money.
Rather, according to the evidence submitted by the prosecutor, Defendant C.