The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

The sentence shall be pronounced against the defendant.

1. Summary of grounds for appeal;

A. Defendant (1) received KRW 3 million from L on May 11, 2009 to his own account, and remitted KRW 1 million among them to the foreign exchange bank account under the Defendant’s name on May 12, 2009 on the following day. The above KRW 1 million, around March 20, 2009, the Defendant indicated in the horse race track with H and L on the horse race track with the horse, and displayed the horse in the horse race track with L’s horse, and eventually lost KRW 1 million. However, there was no fact that the Defendant received KRW 3 million in relation to his duties in collusion with H in collusion.

(2) The sentence imposed by the lower court on the Defendant [one year of imprisonment (one year of suspension of execution) and a fine of three million won (one year of suspension of execution of imprisonment)] is too unreasonable.

나. 검사 (1) 사실오인 내지 법리오해 ㈎ 수뢰후부정처사의 점 원심은, 피고인이 H과 공모하여 L로부터 그 직무에 관하여 2009. 1.초순경 100만 원, 2009. 4.경 100만 원, 2009. 5. 11.경 300만 원 합계 500만 원을 수수하고 부정한 행위를 하였다는 수뢰후부정처사의 공소사실 중 2009. 5. 11.경 300만 원 수수 사실을 제외한 나머지 수수 사실 및 부정처사 사실에 대하여 범죄의 증명이 없는 경우에 해당한다며 (이유)무죄로 판단하였는데, 검사는 원심판결 중 무죄부분(이유무죄부분 포함)에 대하여 항소하면서도 위 ‘부정처사’ 부분에 대하여 아무런 항소이유를 밝히지 않았다.

According to the evidence submitted by the prosecutor, such as the statement at the court below of the court below, the defendant conspired with H to accept KRW 1 million in connection with his/her duties as the first policeman on January 2009 and KRW 1 million on April 2009. However, the court below found the defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment.

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