The judgment below

The parts against the Defendants are reversed.

Defendant

A Imprisonment with prison labor for one year, and Defendant E.

The summary of the grounds for appeal is as follows: Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and mistake of the facts and misapprehension of the legal principles on each of the acceptance of bribe; Defendant borrowed from D KRW 80 million and KRW 20 million from E; and Defendant did not receive a bribe by receiving the gift.

The punishment sentenced by the court below against the defendant (the imprisonment of 7 years and the fine of 160 million won) is too unreasonable.

Defendant

D: The sentence (one year of imprisonment) sentenced by the court below against the defendant is too unreasonable.

Defendant

The misunderstanding of the facts and misapprehension of the legal principles on the acceptance of the E bribe is merely a loan of KRW 20 million to A, and the gift does not constitute a bribe.

The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable.

Judgment

[Summary] The summary: The issue of whether the consignee actually borrows the money in the case of accepting the bribe when the accepter accepts the money from the accepter but the accepter takes money from the accepter rather than the accepter shall be determined by taking full account of all objective circumstances revealed by evidence, such as motive, delivery process and method, relationship between the accepter and the accepter, the position and work experience of the accepter, the necessity of the accepter's loan and the possibility of borrowing the money from the person other than the accepter, the amount of the loan and the measure, the economic situation of the accepter, the amount of the loan and the amount of the loan, the amount of the loan, the economic situation of the accepter, the amount of the loan, the guarantee of payment period and interest agreement related to the accepter, the existence of the principal and interest payment period, the demand and possibility of compulsory execution of the accepter at the time of non-performance. The determination in concrete cases in accordance with such legal principles is a matter of finding and interpreting facts based on the presumption of innocence, the principle of criminal burden of proof,

In the case of this part of the facts charged, it shall be added in the trial.