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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (i) The Defendant’s misunderstanding of the facts did not receive KRW 10,00,000 from the 5th anniversary of the list of crimes in the attached Table 5, and the amount received from T as shown in the above attached Table is not a bribe since it did not receive the money in connection with his duties.
The judgment of the court below that recognized the crime of acceptance of bribe as to all of the above money is erroneous.
B. The sentence of the lower court’s sentencing (the imprisonment of 2 years and 6 months, the fine of 120,000,000 won and the penalty of 58,070,000 won) is too unreasonable.
B. Defendant B (unfair sentencing)’s sentence of imprisonment (a year and April, 60,000,000 and penalty of 28,000,000) is too unreasonable.
(c)
The sentence of the court below against the prosecutor (unfair sentencing) is too unhued and unfair.
2. Determination
A. Determination as to Defendant A’s assertion of mistake of facts (1) In the case at issue, whether to receive or receive 5 re-amounts of money in attached Table 5 (A) shall be examined as to whether a person’s statement is admissible, and, in order to acknowledge Defendant guilty only with a statement made by a person who provided money in the absence of objective evidence, such as financial data to support that person’s statement should have the admissibility of evidence, and the person’s statement should have credibility to exclude a reasonable doubt. In determining credibility, determination of credibility should also be made not only the rationality, objective reasonableness, and consistency of the statement itself, but also their human beings. In particular, if there is a suspicion of a certain crime against Defendant, and there is a possibility that an investigation may be initiated, or if an investigation is being conducted, there is a suspicion that the statement would be a suspicion of intimidation or a reply, etc., and even if the admissibility of the statement does not reach the extent that the admissibility of evidence is denied (see Supreme Court Decision 200 June 6, 200).