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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and a fine of 15 million won.
The above fine shall not be paid.
Reasons
1. Summary of grounds for appeal;
A. The lower court found Defendant 1 guilty of the facts charged that the Defendant received a bribe of KRW 20 million in total from G on four occasions, but the statement of the bribe payer G was not consistent and reliable. Nevertheless, the lower court found Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts, and the lower court erred by misapprehending the facts. Around July 5, 2010, around July 5, 2010, the Defendant, who received KRW 5 million from G, received KRW 3 million from G as a supplementary congratulatory money from G to L chief of the police station in the statement of grounds for appeal. However, on January 14, 2014, the lower court reversed the allegation that the Defendant received KRW 1 million from G as a supplementary money in the statement of grounds for appeal.
(hereinafter the same shall apply)
B only received as a congratulatory money for a congratulation by the chief of a L/C police station, and there is no fact that he has received five million won.
B) On July 9, 2010, the Defendant claimed that KRW 5 million was paid KRW 1,00,000 from G to July 9, 2010, under the name of the Defendant’s married marriage congratulatory, and that he did not receive KRW 5,00,000 from G to October 13, 2010 (hereinafter the Defendant received KRW 5,00,000,000 from G to October 13, 2010) that the Defendant was paid KRW 3,3,00,000 from G to G on October 13, 2010, on the pretext of the value of the rice liquor, the Defendant claimed that the Defendant received KRW 3,30,00 or KRW 3,000,00 among the money received from G from his defense counsel on January 14, 2014. Thus, the Defendant’s claim that he received KRW 3,000,000 from G to be settled.
Around November 9, 2010, there was no fact that the Defendant received KRW 5 million from G, and there was no fact that the Defendant had met G on November 9, 2010, and there was no fact that the Defendant received KRW 5 million from G, and there was no fact that he received KRW 5 million from G. 2) The Defendant received a total of KRW 7 million from G, i.e., mistake of facts about business relationship and misapprehension of legal principles.