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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is consistent with the purport that, from April 2009 to December 2, 2009, E paid the Defendant a total of KRW 24 million from around April 2009 to around September 30, 2009, the Defendant did not prepare a loan certificate or agreed on the maturity of payment and interest at the time of the payment of each of the above money, and that, upon failure to be selected as the removal company, it would have the Defendant think that each of the above money would be returned.
In addition, the defendant also acknowledges that he has received a request for the selection of the removal company from E.
In full view of these facts, it can be recognized that the defendant received a bribe of 54 million won in total from E.
Nevertheless, the court below did not prove that the above KRW 30 million was accepted as a bribe, and sentenced the defendant not guilty (guilty for some reasons) on the ground that the statute of limitations has expired for the remaining KRW 24 million, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination:
A. The lower court’s judgment, when comprehensively taking account of the following circumstances that can be acknowledged by the evidence duly adopted and investigated, found that the Defendant received KRW 30 million in cash from E on September 2009, even if the Defendant received from E on or around September 2009, the evidence submitted by the prosecutor alone that the said KRW 30 million was not a borrowed amount, but a bribe was proven beyond a reasonable doubt.
It is difficult to see that this part of the facts charged cannot be found guilty.
In addition, as long as the Defendant, which is the remainder of the facts charged, was not found guilty of the part regarding KRW 24 million from April 2009 to November 25, 2009, the part regarding the above KRW 30 million cannot be applied to the crime of accepting bribe under Article 129(1) of the Criminal Act. The indictment of this case has already been instituted from November 25, 2009, when the above crime was completed.