The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding ten thousand won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. (1) The lower court found the Defendant guilty on the part that the Defendant did not receive money or goods or that the Defendant did not receive entertainment.

Of the parts found guilty by the court below, there is an error of misconception of facts in the following facts: 6, 8, 15 through 17, and 19 of the attached Table 13, 25, 29, and entertainment for which the court below was prosecuted.

B. The sentence of unfair sentencing (the imprisonment for six months, the suspension of the execution of two years, the fine of ten million won, the additional collection of 4,734,750 won) is too unreasonable.

B. The part 3, 4, 18, 24, 27, and 28 of the attached Table Nos. 3, 4, 18, 27, and 28 which the court below acquitted the prosecutor of facts.

【The sentencing of the lower court on the ground that the sentencing of an unreasonable sentencing is too unjustifiable.

2. Judgment on the assertion of mistake of facts by the defendant and prosecutor

A. In a case where the issue is whether the receipt of money or valuables has been at issue or not, in order to acknowledge a guilty on the basis of a statement made by a person who provided money or valuables, where the defendant, who was identified as the recipient of money or valuables, denies the receipt of money or valuables, and there is no objective evidence, such as financial data supporting this, there should be not only the admissibility of evidence, but also the credibility of the statement. When determining credibility, the credibility of the statement should also be examined in addition, whether there is an interest in the statement that he or she is a human being as well as the rationality, objective reasonableness, consistency before and after the statement, and in particular, if there is a suspicion of a crime committed against him or there is a possibility that the investigation is being initiated or under investigation is being conducted, and even if the admissibility of the statement does not reach the extent that the admissibility of evidence is denied, whether there may affect the statement that he or she tried to escape from the imminent place.

(See Supreme Court Decision 2010Do14487 Decided April 28, 2011). B.

Judgment

(i).