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The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C shall be punished by a fine of KRW 10,000,000.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The defendant C does not offer money and valuables to the defendant A as a case of passing the new employment examination for street cleanerss.
It is merely the name of changing the placement to the desired workplace in the future.
The court below erred by misapprehending the purpose of offering a bribe.
B. The sentence imposed by the lower court on the Defendants ( ① Defendant A: imprisonment with prison labor for four years and six years and a fine for a fine of KRW 70,000,000 and additional collection KRW 68,77 million, etc. ② Defendant C: imprisonment with prison labor for one year and six months) is too unreasonable.
2. Judgment on Defendant C’s assertion of mistake of facts
A. Defendant C asserts that the case of passing an employment examination for street cleanerss did not grant money and valuables, and asserts that Defendant C did not request the recruitment of street cleanerss to the effect that he did not illegally pass the employment examination.
B. The court below duly adopted and examined the following circumstances, namely, (1) made a statement at the prosecutor's office to the effect that "D was aware of the fact that the defendant C passed the examination, and (2) 850,000 won was awarded to the prosecutor's office (2)." (2) The prosecutor also made a statement at the prosecutor's office that "the defendant A made a confession of all the facts charged of this case," and (3) the prosecutor stated that "I provided that "I would know that I would know about what I would know or know about, and that I would know about, about what I would pass the examination," and that "I would like to give 10,000,000 won to we would know well (2) 832 pages of the evidence record of Busan District Court 2015Gohap80)." Even according to the facts charged of this case, even according to the facts charged of this case, I provided the defendant C's success in the examination for employment as well as offered the money and valuables as a consideration for the employment of the defendant C.