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The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by a fine of three million won.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s statement on June 30, 2004 that Defendant A delivered an envelope containing KRW 5.6 million in cash to Defendant A on the acceptance of bribe on June 30, 2004 and the offering of bribe on the same day of Defendant B is reliable, such as there is consistency and consistency. Thus, the judgment of the court below acquitted Defendant A of the part on the charge that Defendant A received a bribe of KRW 5.6 million from Defendant B on June 30, 2004 and offered it, and acquitted Defendant B of the facts in violation of the rules of evidence.
(B) Since Defendant B’s statement that Defendant A had a shopping bags containing 12 million won cash since September 2005, among the facts of the acceptance of bribe and the offer of bribe to Defendant B after Defendant A’s improper disposal of the bribe, it was reliable that Defendant B’s statement was consistent and in body, and thus, Defendant B’s receipt of KRW 12 million from Defendant B on September 2005 and the offer of these money to Defendant B on September 2005, the lower court erred by misapprehending facts against the rules of evidence.
(C) The lower court determined that Defendant A’s act did not constitute an unlawful act in the course of performing his duties, on the ground that: (a) Defendant A’s assertion of misunderstanding of facts as to the illegal disposal of the bribery after Defendant A’s illegal disposal constitutes “unlawful act” as referred to in the crime of acceptance of bribery; (b) Defendant B, upon Defendant B’s request, arbitrarily put the relevant documents on the land of two parcels purchased in his own name after Defendant B applied for the second purchase at his discretion; and (c) Defendant B, upon Defendant B’s request, made the second purchase of the relevant documents on the land to be sold at the time of the second purchase; and (c) Defendant B’s joint purchase of the entire land constitutes “unlawful act” as referred to in the crime of acceptance of bribery.