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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 (the receipt of KRW 11 million in 2014) (the receipt of KRW 10 million) was received from G from December 2012 to November 2014; however, the Defendant received KRW 10 million from B (hereinafter “instant partnership”).
(2) The Defendant did not have any intent to accept acceptance of a bribe in the amount of KRW 11 million, since the Plaintiff did not receive any money from the auditor of the instant association, and the Defendant did not receive any money from the auditor of the instant association. Nevertheless, the lower court erred by misapprehending the facts, thereby recognizing that the Defendant received a bribe in the aggregate of KRW 11 million from D to January 12, 2014. 2) The lower court’s punishment (two years of imprisonment with prison labor for one year, two years of fine, two million won of additional collection, one million won of additional collection) against the Defendant on behalf of the Plaintiff Company E is too unreasonable.
B. According to the prosecutor (misunderstanding of facts as to the acquittal portion) G and D’s statement, and the statement of work log prepared by G, it is recognized that the Defendant received a bribe from D in relation to the Defendant’s duties upon receiving the Defendant’s receipt of D’s instructions from G to January 8, 201, and KRW 11 million each month from October 201 to December 201.
Nevertheless, the lower court acquitted the Defendant on the ground that the facts charged were erroneous and did not prove this part of the facts charged.
2. Determination
A. 1) First of all, we find the Defendant’s assertion of mistake of facts that the part of G’s work in relation to the offering of bribe during the search and seizure process is not admissible as evidence.