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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Judgment on the Grounds for Appeal
A. The court below's assertion of misunderstanding of facts or misunderstanding of legal principles 1) as to the criminal facts [the fact of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)] No. 2014No. 69 (1) of the judgment of the court below (whether the defendant was issued KRW 138 million by J, not returning KRW 48 million) (1) as to whether the defendant was issued with KRW 90,000 from the beginning and delivery of KRW 90,000,000,000,000 were returned to the defendant as stated in its reasoning, i.e., the defendant's statement related to the circumstance that the J specified the amount to be delivered as a bribe as 10% of the construction price as stated in the judgment of the court below is acceptable in light of the empirical rule, and the defendant's statement and delivery of KRW 138,000,000 to the defendant as at the time of the instant case was prepared to be returned to the investigative agency, and the defendant's statement consistent with the reasons for return.