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[Defendant A] The part of the lower judgment against Defendant A is reversed.
Defendant
A Imprisonment with labor for 12 years and fines for 3,500.
Reasons
1. The argument of misunderstanding of facts and misapprehension of legal principles with respect to the judgment of the court below stated in the summary of the grounds for appeal and the appellate brief submitted after the deadline for submitting the appellate brief and the summary of pleadings cannot be a legitimate ground for appeal. Therefore, such misunderstanding of facts and misapprehension of legal principles are considered only in the meaning of supplement to the claims
In the following respect, the court below erred by misunderstanding facts or by misapprehending the legal principles, which affected the conclusion of judgment.
1) Under the following, the Defendant uses the name “Defendant” only for the Defendant who falls under each item, and the rest of the Defendants are written only by their names. A (the part related to the crime related to the diesel power generation and alternative interchange development) Defendant H is the AJ Co., Ltd. (hereinafter “AJ”).
In below, the abbreviationd language indicated in the judgment below is used as it is.
(2) The instant service agreement entered into between Defendant B, G (common assertion), and H is a normal service agreement entered into between Defendant B and H in accordance with the needs of the AJ, and A is merely a receipt of money from H in return for the introduction that H enters into a service agreement with the AJ, and that there was no receipt of bribe in connection with his/her duties. In other words, the instant service agreement entered into between Defendant B, and AJ and H is merely a receipt of money from H in return for the introduction that H enters into a service agreement with the AJ.
In other words, H’s above act is likely to be a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, or a crime of offering of a bribe, not a bribe in collusion with AJ.
In addition, the Defendants are pro rata to A.