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1. The part concerning Defendant G among the judgment below is reversed.
Defendant
G shall be sentenced to two years of imprisonment and fines of KRW 10 million.
Reasons
1. Judgment on the prosecutor's grounds for appeal
A. The part concerning the acceptance of bribe by Defendant B, C, D, and E, and the part concerning the acceptance of bribe by Defendant A is indicated in the instant indictment only as follows: (a) the acceptance date of bribe by Defendant B, C, D, and E (hereinafter “Defendant B, etc.”) (a tax official for convenience”) is indicated as “within July 2006.”
However, through the indictment and the written opinion submitted to the court of the lower court on May 26, 2010, the prosecutor specifically identified the process and method of raising and delivering the funds of KRW 100,000,000,000,000, which was transferred from the name of the Z to the Z Tax Accounting Corporation (hereinafter “Z”) on several occasions under the pretext of the conciliation for the tax investigation conducted by the above defendant G, and then delivered to the above defendant A via the above defendant F for a tax official’s expense as a bribe against the tax official.
On the other hand, the defendant F made a confession that he received KRW 100 million from the upper defendant G and delivered the above KRW 100 million to the defendant B, etc. under the order of the upper defendant A, and the defendant F made a confession that he sent the above KRW 100 million to Daejeon on July 2006, the defendant B et al. was delivered KRW 20 million to the defendant B et al. and delivered KRW 80 million to the defendant B et al., and the defendant B et al. was delivered KRW 100 million to the defendant B et al. except in this case.
However, according to the court below's partial statement of defendant F in the court below and the fact-finding inquiry letter (the trial record 853 pages) on July 12, 2010 of the new card, the defendant F in the above "AM" restaurant on June 30, 2006, the defendant F in the above "AM" restaurant with defendant B et al., and paid the cost of 438,000 won by using a tax accounting corporation AU's corporate card that he/she uses. The above "AM" on June 30, 2006.