The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A Imprisonment of one year and six months, and fine of 16,00,000 won.

Judgment on the Reasons for Appeal

A. 1) Fact-finding or misunderstanding of the legal principles on Defendant A’s grounds for appeal (A) there was no fact that the Defendant was receiving body-person and BMW from B.

B and Y in the process of running both B and Y, B provided Y with human resources and BMW.

(2) Even if the Defendant had been provided with the said automobiles from B

Even if the automobile was acquired by itself;

Therefore, the value of the vehicle can not be included in the amount of bribery.

B) The sentence of the lower court (two years of imprisonment and fine of 16,000,000 won) is too unreasonable.

2) As to the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, whether the Defendant was receiving man-made or BMW (A) or not, (a) the Defendant argued to the same effect as the lower court.

The court below rejected the defendant and the defense counsel's assertion on the ground that the defendant can be recognized as having received MaW as stated in the facts constituting a crime in the judgment of the court below in full view of the following circumstances acknowledged by the evidence in the judgment below.

① The investigative agency and the lower court consistently made statements to the following purport:

It was originally asked whether the Defendant is the one that was worn out of the color number plate of the Defendant, and whether the Defendant would be the one that was collected from the Defendant, and the Defendant sent the vehicle to the place that was sent by theme to contact with the Defendant, and the Defendant sent the vehicle to the place that was sent by the her friendship. The Defendant sent the vehicle to the place that was sent by the her friendship.

After that, since the defendant was in the currency with the defendant and caused BMW, the defendant would sell the above body-person and purchase and send the BMW to the said money, and purchase 6 million won from the land by borrowing 600,000 won from the land. The defendant's vegetable dental with BMW operated by AF D, who is the defendant's vegetable, and registered the vegetable body and restoration of the vehicle by receiving BMW.