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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The amount of KRW 5,00,000,000, which the Defendant misunderstanding the facts to I, does not constitute a bribe since it does not constitute a bribe because it does not have a relation
B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it is reasonable to deem that the Defendant’s aid to I constitutes a bribe because it is related to I’s duties. Therefore, the above assertion by the Defendant is without merit.
① At the time of the instant case, the construction of G Co., Ltd., the Defendant’s representative, was underway.
② At the time, I was in a position to assist or influence the decision-making on authorization, permission, etc. concerning the construction of G Co., Ltd. as a AU in charge of AJ and construction authorization and permission deliberation.
③ The Defendant came to know about five (5) years prior to the instant case, and did not have any personal friendly relationship with I at the time of the instant case, such as two to three times per year, but rather, it is the amount of five million won paid under the pretext of money set forth by the Defendant, who did not have any other friendly relationship, other than I’s sexual intercourse between the past several years and I’s sexual intercourse.
In addition, at the prosecution, the Defendant paid a set of money or a bounty of KRW 1 million each at the previous I’s set and the marriage ceremony among children, and at this time, paid a larger amount of KRW 5 million, and there was a purport to change the two things well.
(f) a statement.
④ In relation to the instant case, I was indicted for bribery (the Suwon District Court Decision 2015 Gohap 689) and was found guilty on June 19, 2017, and the final judgment became final and conclusive to dismiss the appeal.
B. Determination of the illegality of sentencing is based on the instant bribe.