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The judgment below
Of them, the part on Defendant F is reversed.
Defendant
F shall be punished by imprisonment for a term of one and half years.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. The defendant A et al. refers to the defendant's name and "the defendant" without indicating the name of the defendant in the pertinent item of each defendant, and the remaining defendants are named as the name, unless it is necessary to separate them.
The grounds of appeal shall be examined to the extent of supplement in case of supplemental appellate briefs not timely filed.
: misunderstanding of facts, misunderstanding of legal principles, and unfair sentencing 1) The defendant's misunderstanding of facts received KRW 20 million from X is not a bribe but a money borrowed to use for the key money for lease on a deposit basis. Nevertheless, the court below found the defendant guilty of this part of the charges by misunderstanding of facts. However, since the defendant received money from G in relation to an individual defect repair site, the defendant's acceptance of a bribe from G constitutes several crimes by giving and receiving money. Nevertheless, the court below erred by misapprehending the legal principles, and recognized it as a single comprehensive crime. (B) The defendant returned KRW 6 million out of travel expenses of KRW 8 million from G around December 2009, and around July 20, 201. Since around January 13, 2014, the above amount should be excluded from the additional collection.
Nevertheless, the lower court erred by misapprehending the legal doctrine and additionally collected it from the Defendant.
3) The lower court’s sentence against the Defendant of unreasonable sentencing (a punishment of three years of imprisonment and fine of KRW 90,000,000) is too unreasonable and unfair. (b) Defendant B: misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of unfair sentencing (an amount of KRW 12 million received from G around March 16, 2008) by the Defendant of mistake of facts on or around March 16, 2008, is not a bribe, but a money which was returned by adding interest to the amount of KRW
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged.
2) The Defendant is able to do so by misapprehending the legal principles.