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The judgment below
Of them, the part on Defendant E shall be reversed.
Defendant
E Imprisonment with prison labor of 2 years and 40,000,000 won.
Reasons
1. Summary of grounds for appeal;
A. The lower court acknowledged that Defendant F received KRW 30 million in total from A on three occasions from December 21, 201 to March 10, 201, in exchange for an illegal solicitation on three occasions, but the Defendant received KRW 11 million in total, including KRW 100,000 on December 21, 2010 and KRW 10,000,000 on March 10, 201. 2) comprehensively taking account of the evidence submitted by the prosecutor (not guilty) by the prosecutor, Defendant A received KRW 39,50,000 from O on December 16, 2009, the lower court found Defendant A guilty of this part of the facts charged, but it erred by misapprehending the rules of evidence and thereby adversely affecting the conclusion of the judgment.
3) The prosecutor (the portion of the collection was returned by Defendant E from Defendant A, but it cannot be deemed that the original was returned by using the vehicle for a considerable period of time, and thus, Defendant E should also be additionally collected.
B. The lower court’s sentencing on the Defendants is too unreasonable.
2. Determination
A. The Defendant completely denied this part of the facts charged at the lower court’s judgment as to Defendant F’s assertion of mistake, and the lower court found Defendant guilty of all the above facts charged on the grounds as stated in its reasoning. According to the records, the above fact-finding and judgment of the lower court are just and acceptable, and in particular, around March 10, 201, the Defendant delivered KRW 25 million, including KRW 10 million and KRW 15 million, which he/she possessed, to the Defendant, and KRW 15 million, which he/she was transferred from theO, at the lower court and the lower court court’s trial. Comprehensively taking account of the various evidences adopted by the lower court, the Defendant received KRW 30 million in total in exchange for illegal solicitation from A and received KRW 30 million on three occasions.