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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A Imprisonment with prison labor of 6 months and fines of 5,000,000.
Reasons
Summary of Grounds for Appeal
Defendant
A. On February 14, 2015, the charge of acceptance of bribe around February 14, 2015 (No. 1 No. 1 attached to the judgment of the lower court) the Defendant, along with his employees, found in the office on February 14, 2015.
However, the Defendant returned home after suppering, and he did not drink in D and C entertainment tavern.
A person who drinks on this day was not the defendant.
On March 27, 2015, the charge of acceptance of bribe around March 27, 2015 (No. 1 No. 3 attached to the judgment of the lower court) the Defendant, on March 27, 2015, drinks together with D at entertainment taverns.
However, on June 2015, the Defendant separately calculated the share of the Defendant to R, who is a Mins, and paid KRW 2.30,000 to the Defendant’s share of the Defendant.
The sentence of unfair sentencing (two years of suspension of execution in August, fine of seven million won, community service order of two million won, additional collection) is too unreasonable.
Defendant
B misunderstanding of facts and misunderstanding of legal principles, the charge of acceptance of bribe Nos 2 1, 2, and 4 of the attached list of crimes (C and D’s offering of bribe) by the Defendant merely borrowed money from C with a usual and friendship need to pay money, and it does not receive a bribe as a consideration for the selection of a provider of the F viewing Forest Fire-Fighting Equipment.
The judgment below
Attached Form
Around January 2015, the Defendant was excluded from the duties of selecting the equipments of extinguishing a forest fire by A, and C, and D was well aware of these circumstances.
Therefore, even if the defendant borrowed money from C or D or received the drinking value after the end of January 2015, it cannot be deemed that there is a business relationship or a quid pro quo relationship.
The defendant is found to have prepared a false official document, falsely prepared official document, and accepted bribery after the illegal disposal (E's portion as the bribe recipient) in accordance with the practice, and it is recognized that there is a lack of available pumps.