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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the part of the crime No. 1-A, Defendant 1 did not receive an illegal solicitation from D and E, and even if D et al. made a solicitation that the Defendant continued to maintain transaction relations in order to secure existing rights.
Even if this is not an illegal solicitation, it can not be said to be an illegal solicitation.
In addition, E’s statement that corresponds to the above facts charged is inadmissible as a professional statement.
B) Regarding the part on the 1-B of the criminal facts, I paid money to the defendant as a result of the revenue by proxy, and there was no illegal solicitation.
C) Criminal facts No. 1-C
In relation to the part of this paragraph, L paid money to the defendant for an extension of the acceptance time, and L did not pay money in return for illegal solicitation.
D) The Defendant did not perform his/her duties within the scope of his/her discretionary authority, and did not perform his/her duties unlawfully or unlawfully.
2) The sentence of the lower court (one year and two months of imprisonment, additional collection) that is unfair in sentencing is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.
2. Determination
A. 1) Determination as to the assertion of violation of the rules of evidence by expert evidence 1) Whether a statement containing another person’s statement is a professional evidence is determined in relation to the facts requiring proof. In addition, where a fact which is the contents of the original statement is a fact requiring proof, it is not an original evidence, unless it is an original evidence (see, e.g., Supreme Court Decision 2012Do2937, Jul. 26, 2012). In addition, even if a document containing a statement becomes a professional evidence when the authenticity of its contents is directly used as evidence for a criminal offense, it is either a statement that is made, or when it is used as an circumstantial evidence for an indirect fact unrelated to the authenticity of such statement.