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All the judgment below is reversed.
Defendant
A shall be punished by fine for negligence of KRW 7,000,00 and by imprisonment of KRW 1 year.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A (unfair Sentencing)’s mistake and reflects, the degree of participation in the crime of this case is passive and minor, the degree of participation in the crime of this case’s co-defendant B and the fact that Defendant A’s child-care center operated by Defendant A is a good reputation from the competent administrative agency or parents, Defendant A supports the mother suffering from dementia, Defendant A’s actual most children, and Defendant A has no record of criminal punishment, the lower court’s punishment against Defendant A is too unreasonable.
B. Defendant C (the grounds for appeal by the defense counsel submitted after the deadline for submitting the statement of grounds for appeal are to the extent of supplement to the statement of grounds for appeal submitted by Defendant C). In other words, Defendant C was in the position of adviser of the council scheduled to move into the R only until August 2012, and Defendant A was not in the position of a person who administers another’s business due to the lack of advisory position at the time of bidding by Defendant A.
Defendant
The amount received by C from M is not KRW 60 million, but KRW 10 million.
In relation to the tender of the child-care center, there was no act that could interfere with the tender by consenting to the bid process of the child-care center and collecting people.
Nevertheless, Defendant C received 60 million won in exchange for an illegal solicitation in connection with his duties.
The lower court, which determined the person, erred by misapprehending the legal principles and mistake of facts.
2) In light of the fact that a person introduced by M was involved in the apartment price at the time of the head of the child-care center and was involved in the interests of the residents in the apartment house; that the person raised two children after the distinction from his wife; that person’s mistake was against himself; that person’s mistake was committed in the same case; or that there was no penalty heavier than that of a fine.