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All appeals filed by the Defendants against Defendant A and D by the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the court below against the Defendants A and B (the fine of 25 million won, Defendant B: the fine of 5 million won) is too unreasonable.
Defendant
A, on August 12, 2016, argued that there was a mistake of facts as to the offering of a bribe in the statement of grounds for appeal on August 12, 2016, but explicitly withdrawn the above assertion from the first trial date ( September 23, 2016).
B. Defendant D1) misunderstanding of facts and misunderstanding of legal principles that the lower court found Defendant guilty of all the following facts charged against the Defendant was erroneous, or erred by misapprehending the legal doctrine as seen below. (A) The Defendant of the acceptance of bribe from A toodi A6 (vehicle number CD; hereinafter “instant vehicle”) was sent from A around February 19, 2015, not around December 30, 2014, which was indicated in this part of the facts charged, to the vehicle of this case, on three occasions thereafter, the Defendant was unable to use the instant vehicle for about one month, which is the repair period.
Therefore, during the period mentioned in this part of the facts charged, the profit corresponding to the period before the actual delivery and the period when the repair of the above vehicle was impossible should be deducted in calculating the amount of bribe received by the defendant.
B. The defendant is not in a position to request or arrange an investigation related to AI because the AI and work division, which are in charge of internal investigation related to A's non-registered rent-a-car business and distribution suspicion, are different from the job division, and there is no special relationship between them. At that time, the defendant did not have a legal relation that could have a de facto influence on the handling of the above affairs handled by AI.
Therefore, it can be evaluated that the defendant accepted a bribe in relation to the referral of matters belonging to other public officials' duties by taking advantage of his status.