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Part of the judgment of the court of first instance (including the acquittal of reasons) shall be reversed, respectively.
Defendant
A Imprisonment with prison labor for one year, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s receipt of KRW 20 million as of January 2013, 2013, and KRW 3 million as of October 3, 2014, Defendant B did not receive KRW 20 million as of January 2013, and KRW 3 million as of October 3, 2014 from Defendant A.
The delivery was also made.
Even if there is no relationship with his duties.
B) Defendant B received KRW 3 million from the Defendant on February 18, 2013, the key of the Korea Transportation Agency, May 3, 2014, and the key of the Korea Transportation Agency on February 18, 2013, and KRW 3 million on June 27, 2014. However, there is no relation to the performance of duties.
2) The sentence of the first instance court’s sentencing (one and half years of imprisonment with prison labor and fines of KRW 30 million, additional collection) is too unreasonable.
B. In full view of the fact-misunderstanding and legal principles, Defendant B and A’s receipt of KRW 10 million in the order of January 2013, May 5, 2014, Defendant A’s statement, financial transaction details, and copy of passbook, etc., Defendant B received KRW 10 million in the order of January 2013, and KRW 5 million in May 2014 from Defendant A.
B) On November 23, 2014, the receipt of KRW 500,000 on the part of Defendant B and AZ, and the cash issued by Defendant B with golf contact with Defendant B, the head of the Korea Land and Housing Corporation (LH Corporation) H, who is the head of the Korea Land and Housing Corporation (LH Corporation), is paid in connection with the Defendant B’s duties.
2) The first original sentence against Defendant B, who was unfair in sentencing, is too uneased and unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. (1) Determination on Defendant B’s assertion 1) as to whether to receive KRW 20 million as of January 2013, the lower court: (i) received KRW 20 million from Defendant A as of January 2013.
The recognition was recognized.
Specific reasons for judgment are as follows.
① From the end of 2012, Defendant A has been able to receive subcontractings by K and M&A companies, recommended by S Co., Ltd and O Co., Ltd. to perform construction works ordered by the Korea Land and Housing Corporation.