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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B The judgment of innocence against the defendant B is not guilty.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s imprisonment (one year of imprisonment and 6 million won of collection) is too unreasonable.
B. Defendant B (1) misunderstanding of facts was demanded by Defendant B to borrow money from Defendant A, and reported it to the site manager Y. Defendant B transferred the instant money through Y’s management department Z, and Defendant B was not involved in the decision-making process, and Defendant B did not give a bribe to Defendant A. 2) The lower court’s sentence of unfair sentencing (fine 2 million won) is too unreasonable.
2. Determination
A. As to Defendant A’s assertion of unfair sentencing regarding Defendant A’s grounds for appeal, it cannot be deemed that the amount of a bribe received by Defendant A is very large of 6 million won, and Defendant A did not proceed to an unlawful act after receiving a bribe in connection with his duties. Defendant A paid 16 million won to the defrauded V and the victim X each of the charges of KRW 19 million. However, Defendant A’s acceptance of a bribe in connection with his duties, thereby impairing the social trust that requires a high level of integrity for public officials; Defendant A first demanded a bribe to the donor; Defendant A first demanded a bribe; Defendant A borrowed money from the victim V related to his duties; Defendant A borrowed money from the victim X on the premise of marriage; and Defendant A borrowed money from the victim X on the premise of marriage, etc., the sentence of the lower court is too unreasonable.
B. On May 4, 2009, Defendant B of this part of the facts charged as to Defendant B’s assertion of mistake of facts, upon obtaining approval from the Director of K Construction Site at the construction site of K Co., Ltd., in the name of honorarium for solicitation and change of the conditions for project implementation, the public official A in charge of the management and measurement of urban planning facilities at the control of the I-Gu Office located in Seoul JJ and the office.