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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (the sentence imposed on the Defendants A: 8 months in prison; 6 months in prison; 6 months in prison; 6 months in prison and additional collection KRW 20 million in prison) is too unreasonable. In particular, the additional collection charge imposed on the Defendant C must be KRW 11 million in actual distribution by the Defendant C.
B. (1) The lower court’s sentence against Defendant A and B is too unfilled.
(2) Although Defendant A and B keep the money received from P as they are, they do not return it to P, Defendant A and B are not subject to the imposition of additional collection from Defendant A and B, the judgment of the court below which did not impose additional collection on Defendant A and B is erroneous in misunderstanding of facts and misunderstanding of legal principles.
2. Determination:
A. (1) In the event that a person who received a bribe for Defendant A or B returns it to the person who has accepted the bribe, the additional collection cannot be made from the person who received the bribe.
Therefore, if the money received by the defendant is kept as it is and returned to the donor, it shall be confiscated or collected from the donor, and it shall not be collected from the defendant.
(2) According to the testimony of P on February 28, 1884, P, at the time of delivery of the money to N, included the money in the verification color book, P, at the time of return of the amount of KRW 80,000,000 to N, received the money in the same household as the verification color book issued by the Defendant A, and P, at the time of delivery of the money to N, delivered the amount of KRW 50,000,000 to N, and at the time of delivery of the money from the Defendant A, the amount of KRW 50,000,000 to KRW 10,000,000 was returned to P. According to the above facts, Defendant A was in custody of the money delivered to Defendant A and B through P, and returned it to P.
I would like to say.
Therefore, since it cannot be sentenced to collection against Defendant A and B, it shall be collected from Defendant A and B.