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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as indicated in the facts charged, received a total of KRW 13 million from D twice, and received a total of KRW 13 million from D and delivered all to G, the president of the association, and only received money from G, and the Defendant did not receive money as a bribe from D.
The defendant is not a crime of accepting a bribe, but a crime of delivering a bribe.
B. The sentence of the lower court’s unfair sentencing (the suspended sentence of 2 years in August and the fine of 26 million won in addition to the surcharge of 13 million won in addition to the surcharge of 2 years in prison) is too unreasonable.
2. Determination
A. The Defendant alleged in the lower court that he, while making a confession of the facts charged in the instant case, delivered money received from D to G, the president of the association. The lower court found the Defendant guilty of the facts charged in the instant case on the grounds that the Defendant’s confession was based on each of the Defendant’s statements, copies of passbooks, and transaction details.
Comprehensively taking account of the evidence duly adopted and examined by the court below, as alleged by the defendant, whether he received and delivered the money from G with the instructions of G, the defendant accused the police that he received a bribe from I or D on February 2016, and the prosecutor rendered a disposition that he was not suspected of having received a bribe from D on September 13, 2016. In particular, the prosecutor made the statement of H (the purport that the prosecutor deemed the defendant to deliver the money that he received from D) that corresponds to the facts charged in the instant case, i.e., the part that he received a bribe from D through the defendant, i.e., the contents related to the instant facts charged, i., the part that he received a bribe from D, i.e., the defendant's statement that he sent the money that he received from D) is difficult to believe that there is a dispute between G and the head of the association, and that he could not perform his duties due to the above accusation, etc.