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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the relationship between Defendant B and Defendant C, the economic situation of Defendant A, the interests of the Defendants related to the loan, the maturity of payment, and whether the contract for interest was entered into, which are acknowledged by the prosecutor’s evidence submitted by the summary of the grounds for appeal, the court below acquitted Defendant B, who had been given KRW 10 million as a bribe, as shown in the facts charged, although it can be recognized that Defendant C and Defendant B, who had been given the I support of the Financial Supervisory Service to obtain a loan, was guilty of the facts charged in this case.
2. Summary of the facts charged
A. While Defendant C, Defendant A, and Defendant B’s related Defendant C were performing the F Lending Construction, around May 8, 2012, the said new construction was sold to G (H) and the intermediate payment of KRW 200 million was received as security at the site of the said new construction. Defendant A invested KRW 100 million in connection with the said new construction, and carried out the loan business related to the said new construction. Defendant B, as the relative district of Defendant A, served as the head of Financial Supervisory Service I’s support between May 7, 2012 and May 2013.
B. On May 31, 2012, Defendant C and Defendant A discussed the issue of loans to the said new construction site in front of the non-exclusive restaurant located near the agricultural cooperative located in the JJ, Defendant C and Defendant C expressed to the effect that “I would obtain a loan by requesting the head of the family having served in the Financial Supervisory Service, and if I would like to do so, I would have to do so. I would have to request that I would have to do so, and would have to do so.” Defendant C would be willing to offer money and valuables by soliciting Defendant C to receive a loan together with Defendant C; Defendant C transferred KRW 10 million to the former L Savings Bank (the current M Savings Bank) [N (O] account in the name of Defendant C used by Defendant A on June 1, 2012; Defendant A would have transferred KRW 10 million to the new bank account in the name of B related to the above loan under the name of Defendant C on June 1, 2012. The Defendant A sent KRW 10 million to the new bank account in the name of B.