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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. The lower court’s progress and the lower court found Defendant A guilty of occupational embezzlement, offering of bribe and bribery charges, respectively, among the facts charged against Defendant A, and found Defendant A not guilty of the remainder of the facts charged, which are the remainder of the facts charged against Defendant A.
As to this, the Defendants appealed respectively on the grounds of mistake of facts, misunderstanding of legal principles, and unfair sentencing, and the prosecutor appealed against Defendant A on the grounds of mistake of facts and unfair sentencing.
2. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts and misunderstanding of legal principles (A) separately stored KRW 40 million,000,000,0000,0000,0000,0000 won, which was received from B, C, and D, and withdrawn KRW 21,00,000,000,0000,000 won received from B, and delivered to E not to pay to E. This was received money to be received as a bribe after the Defendant contacted and delivered to E with the intent of S. In relation to C and D, it was already delivered to the Defendant including the amount of money to be received as a bribe, and the Defendant received the money prepared for C and D and received the money from them, and only delivered 20,000,000,000 won out of the money to E under the direction of S, namely, the act of delivering the money to E.
Nevertheless, the court below erred by misapprehending the facts or misapprehending the legal principles of the co-principal in recognizing the co-principal of the crime of offering of bribe offered in collusion with B, C, D, etc.
(B) The Defendant was unable to use the money of M and N Co., Ltd. (hereinafter “M” and “N”) and to prove the place of use.
Even if they are used directly or indirectly in relation to the company's business, and especially N, the board of directors passed a resolution on April 30, 2007 that the representative director's business promotion expenses can be used up to KRW 100 million per annum.