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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below which acquitted the defendant is erroneous in misunderstanding of facts, even though there are sufficient evidence such as the credibility in the statement of H that the defendant delivered a half million won and cash 5 million won to the defendant for the reasons of appeal, and the above H was convicted and confirmed guilty.
2. The summary of the facts charged is C University (the name of D University was changed on September 201) as a professor of the Department of Construction at D University, who was commissioned as a member of the Gwangju City Urban Planning Committee around March 2005 and was on March 2009, and served as a member of the Gwangju City Urban Planning Committee until March 2009. A
On July 2007, the Defendant, at the 7th faculty research room of the C University Building Group in Seongbuk-gu, Sungnam-si, Sungnam-si, 2007, received one of 1,300,000 won and received one of the 1,300,000 won of the market price, in order to promptly pass the deliberation on the urban planning of the F apartment implemented by the said company from G director H, a company in charge of the affairs related to the approval of housing projects in Gwangju-si, Seoul-si, and received a bribe in relation to its duties.
B. On August 2007, the Defendant received 5 million won in cash from the above H with the solicitation as referred to in the above paragraph (a), at the place of the above paragraph (a) and received a bribe in relation to his duties.
3. Judgment of the court of original judgment
A. The evidence that corresponds to each of the facts charged in the instant case is only H’s statement, but this is not reliable in the following respect.
(1) First, H’s statements on the contents and circumstances of offering a bribe are not consistent.
H under an investigation conducted after I’s statement that “H had one of the two keyss to the public official, with which H had left as a bribe,” it clearly stated that the Defendant sent the key to the yellow metal in addition to the amount of KRW 1 million to KRW 1,300,000,000,000 at the market price (hereinafter referred to as “high-priced pen”) and the cash amount of KRW 5,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.