2010No2828 A. Bribery

(b) Violation of the Attorney-at-Law Act;

(c) Property in breach of trust;

(d) Property in breach of trust;

1. A. B. D. 00 (490615 - 1) - President

Seoul Metropolitan Government Housing Mapo-gu

Standard place of registration * Do-

2. C. Kim99 (530327 - 1), and non-permanent (former representative)

Housing Seongdong-gu Seoul Metropolitan Government

Seoul Original domicile -

Defendants and Prosecutor

Maximum Reserve

Law Firm Barun (For defendant Kim 00)

Attorney in charge 11

Law Firm Pacific (Defendant Kim99)

Attorney Noh Young-gu in charge, Kim Han-tae, Han Chang-chul, leapon

Suyang District Court Decision 2009Sang2657 decided November 25, 2010;

Article 2897 (Judgment of Consolidation)

June 2, 2011

The judgment of the court below is reversed.

Defendant Kim 00 shall be punished by imprisonment with prison labor for ten months.

However, with respect to the defendant Kim 00, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

A penalty of KRW 16,100,000 shall be additionally collected from Defendant Kim 00.

Of the facts charged against Defendant Kim 00, the charge of giving evidence in breach of trust and Defendant Kim 99 are acquitted.

The summary of the judgment of innocence against the defendant Kim 99 shall be published.

1. Summary of the grounds for appeal;

A. Defendant Kim 00

(1) mistake of facts

Defendant Kim 00 gave KRW 50,00,00 to his own Dong Kim 02, a single-lane from this01, and tried to give KRW 50,000 to Kim 02, but only given 03,00,000 to his wife, and used them as living expenses, etc., and Defendant Kim 99 did not give KRW 100,00 to Defendant Kim Me for the solicitation of construction orders. However, the original trial was found guilty on the grounds of Defendant Kim 00’s prosecutorial statement that does not have any discretion and credibility for the following reasons. This is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

(A) Voluntaryness of Defendant Kim 00’s prosecutorial statement

Defendant 1 was suspected of having given a bribe to KRW 04,00, and the investigation of the crime of breach of trust began by taking account of the circumstance that the investigation agency gave 100 million won to Defendant Kim 9 in the course of the search and seizure of the Kim 00's house. However, Defendant 00 denied the charge of committing an offense giving 100 million won to Defendant Kim 9, the prosecutor in charge of the investigation was employed by Defendant Kim 00 as a teacher for a period of 04,00,000 in the course of the investigation by having 04,000,000,000,000 won to Defendant 1 and his family members, who were under the jurisdiction of the operating committee. Defendant 2, who did not cooperate with the investigation, had his family members under the control of his family members who were forced to take a bribe of KRW 100,000,000,000,000,000,000 for 10,000.

(B) The credibility of Defendant Kim 00’s prosecutorial statement

피고인 김00은 2009 . 5 . 9 . 임페리얼팰리스호텔에 간 사실이 없고 , 2009 . 6 . 23 . 경 혹은 그 전주 무렵 강남파이낸스센터빌딩 1층에서 피고인 김99를 만난 적은 있으나 인 사만 하고 헤어졌음에도 , 검사의 유도에 따라 허위진술을 하여 피고인 김99에게 돈을 준 시각 , 구체적 정황 등이 각 진술시마다 엇갈리는 점 , 피고인들이 2009 . 5 . 9 . 임페리 얼팰리스호텔 지하 1층의 빈방을 무단으로 들어간 것인지 , 직원의 안내에 따라 들어간 것인지 여부도 불분명하고 , 위 두 경우 모두 일반인의 상식에 부합하지 않으며 , 술도 시키지 않고 들어갔다 나온 것이라면 이러한 사정을 기억하는 클럽의 직원이 있을 것 임에도 이에 관하여 아무런 정황증거가 없는 점 , 설령 피고인 김99가 돈을 받았다고 하더라도 주말에만 가끔씩 운전하는 기사에게 5천만 원이 든 쇼핑백을 건네준 것은 이 례적인 점 , 피고인 김99는 2009 . 6 . 23 . 22 : 00경 서울대 AFP과정을 마쳤고 , 같은 날 22 : 13경 운전기사에게 전화하여 승용차를 대기 시켰는바 , 그 사이에 피고인 김00을 만 나 지하 1층으로 내려가 그 곳에서 간단한 음식을 먹고 , 피고인 김00로부터 5천만 원 을 건네받았다는 것은 논리적으로 맞지 않으며 , 피고인 김00이 서울대 AFP과정을 마 치고 많은 사람들이 내려오는 엘리베이터 앞에서 5천만 원이 든 쇼핑백을 가지고 피고 인 김99를 기다렸다는 것도 상식에 맞지 않는 점 등에 비추어 보면 , 피고인 김00의 검 찰진술은 신빙성이 없다 .

(2) Unreasonable sentencing

The sentence of one-year imprisonment sentenced by the court below to Defendant Kim 00 is too unreasonable.

B. Defendant Kim99

(1) mistake of facts

Defendant Kim 99 did not receive KRW 100 million from Defendant Kim 100,000, which was provided in the name of Co-Defendant Kim 1 as a solicitation for order of construction order, but the lower court recognized the credibility of the examination statement of Defendant Kim 00 and other evidence, and found Defendant Kim 9 guilty of the charge of taking advantage of breach of trust against Defendant Kim 99. The lower court erred by misapprehending the facts, which affected the conclusion of the judgment.

(A) Voluntaryness of Defendant Kim 00’s prosecutorial statement

First, the prosecutor detained Defendant Kim 00 in connection with the business prior to the Mamama shooting range, and urged Defendant Kim 00 on the basis of the e-mail between Defendant Kim 00 and Lee 01 that was seized in the course of the investigation, and the internal relationship between Defendant Kim 00 is to be wide to the wife, and Defendant Kim 00 issued a bribe to Defendant Kim 04 Council members in relation to the fact that Defendant Kim 00 was employed in the e-mail between Defendant Kim 1 and 101. During that process, the prosecutor tried to summon Defendant Kim 00 who was unable to appear in the prosecutor’s office and suffered from Defendant Kim Don Don Y0, the prosecutor conducted pressure while investigating Defendant Kim Don Don Y0, and on October 25, 2009, Defendant Kim 100 million won made a statement to the public prosecutor for the purpose of requesting the public corporation to make a bribe to the public corporation.

Second, in light of the fact that the defendant Kim 00 reversed his statements several times as to whether or not he paid money to the defendant Kim 99 and the statement that he paid money is not consistent, such as the reversal of the specific date and time and place from time to time, the defendant Kim 00 gave answers to the defendant's place and time of giving money based on the defendant's specific statement, pocket book and telephone details secured in the investigation process.

Therefore, defendant Kim 00's prosecutor's statement is not voluntary.

(B) The credibility of Defendant Kim 00’s prosecutorial statement

First, even though the time when Defendant Kim 00 gave money to Defendant Kim 99 was the date before October 2009, when he was investigated by the prosecution, he did not reverse or clearly specify his statement, and Defendant Kim 00 did not correct his statement in accordance with the objective data presented by the prosecutor, but rather changed the time of the crime to the shipper at the stage of the examination of the headness against Defendant Kim 99.

Second, Defendant Kim 00 and his birth Kim 02 all credit bad, and Defendant Kim 00 delivered KRW 100 million to Defendant Kim 99, which he received from this 01, is an emergency, and Defendant Kim 99 did not have the right to select the subcontractor, and it is difficult to understand that Defendant Kim Ma requested money for the consideration of the selection of the subcontractor, disregarding the internal regulations of the company, and under the pretext of the selection of the subcontractor.

셋째 , 피고인 김99는 2009 . 5 . 9 . 같이 골프를 쳤던 강05의 제안에 따라 예정에 없 이 임페리얼팰리스호텔에 가게 된 것인데 , 2009 . 5 . 9 . 18 : 33 전에 피고인 김99와 통화 한 사실이 없는 피고인 김00이 임페리얼팰리스호텔에 피고인 김99가 있는 것을 알고 찾아왔다는 것은 불가능한 점 , 이06 , 강05는 저녁식사 도중 피고인 김99가 자리를 비 우거나 가방을 들고 있는 것을 본 적이 없다고 진술하여 , 피고인 김99가 식사 도중에 피고인 김00을 만났다거나 피고인 김00로부터 돈이 든 가방을 받았다고 보기 어려운 점 , 2009 . 5 . 9 . 18 : 33경 호텔 지하의 술집 3곳 모두 영업시간이 아니어서 당시 클럽 빈방에 들어가 돈을 준다는 것은 비상식적인 점 , 피고인 김99는 2009 . 6 . 23 . 22 : 00경 강남파이낸스센터 빌딩 1층에서 다른 사람들과 담소를 나누다가 22 : 13경 운전기사인 박07에게 승용차를 대기시키고 집으로 출발하여 , 그 사이 피고인 김00로부터 5천만 원 을 받기가 어려운 점 , 2009 . 6 . 23 . 22 : 00경 빌딩 지하 1층 업소의 영업이 모두 끝난 후여서 그 곳에서 피고인 김00로부터 돈을 받는 것도 상식에 어긋나는 점 , 윤08은 그 당시 피고인 김00이 들고 있었던 가방의 크기가 A4 용지의 3분의 2 정도라고 진술하 여 5천만 원이 든 쇼핑백으로 보기 어려운 점 등 피고인 김00의 검찰에서의 진술은 다 른 정황과도 맞지 않는다 .

Fourth, around May 9, 2009 or around June 23, 2009, the deposit details of the party's money was not verified at all, or the deposit details of the money, the name of which is unclear, on the other hand, Defendant Kim 00 delivered KRW 5,000,000,000 from this0 to Dong Kim 02, and Defendant Kim 02 repaid his obligation. Defendant Kim 00 paid KRW 50,000,000,000, which was received at the same time, to Defendant Kim 1,000, to Dong Kim 02, and used it as the interest on loans, attorney fees, and security deposit for release, and it was confirmed that Defendant Kim 1 paid 03,000,000 won to his wife.

Therefore, defendant Kim 00's prosecutor's statement is not reliable.

(C) The statement of 01 cannot be directly proven that Defendant Kim 00 gave KRW 100 million to Defendant Kim 99, and that Defendant Kim 00 falsely reported to this 01 in order to show his ability to receive orders. The contents of Defendant Kim 99’s pocket book and schedule are irrelevant to the contents of the instant facts charged, and the e-mail and work of Defendant Kim 00 cannot be direct evidence of the instant facts charged, and the photograph taken by Defendant Kim 00 using a Handphone does not constitute evidence to prove the fact of taking orders in breach of trust by Defendant Kim 99.

(2) Unreasonable sentencing

The sentence of one-year imprisonment sentenced by the court below to Defendant Kim 99 is too unreasonable.

(c) Prosecutors;

In light of the fact that the Defendants do not have to repent by denying the commission of the crime, etc., the seriousness of the case, the circumstances after the commission of the Defendants, and the need to strictly punish the Defendants for the instant crime in general and preventive aspects of punishment, etc., the sentence imposed by the lower court is too uneasible and unfair.

2. Judgment on the defendants' assertion of mistake of facts

A. Summary of the facts charged

(1) The process of committing the crime

The defendant Kim 99, as the Co. Me MaMa representative director, demanded money to the defendant Kim 00 from April 2009 to the defendant Kim Ma-00, while requesting money to help the defendant Kim Ma-ju to help the owner of the construction related to the Me MaMa.

On May 2009, Defendant Kim 00 decided to engage in business activities, such as ordering construction, while working as the president of the IT company*** (hereinafter referred to as ‘N***') as the president of the said company. In particular, in relation to the order of construction, Defendant Kim MaMa on condition that Defendant Kim 99 receive 1 billion of annual income for KRW 10 billion of the base annual sales from Defendant Kim 1,000,000 won, 20% of the income was Defendant Kim 99 (one hundred million won on the first payment on the K page), Defendant Kim 10,50% of the total amount of KRW 00,000 and KRW 20% of the income was defective under the conditions that the company distributes *** the conditions that the company approved this.

On the other hand, Defendant Kim 00, around that time, tried to operate IT-related businesses *** as the president with Defendant Kim 9. The Defendant Kim Y0 selected and selected by Ko Ma* to maintain and repair equipment **, annual sales amount of at least 10 billion won, and profits of at least 1 billion won. The 30% of the sales profits will be settled in cash. The Defendant Kim 9 made an solicitation to the effect, and Defendant Kim 99 sought to change the amount of KRW 100 million in advance to Defendant Kim 00 on several consecutive occasions.

(2) Acceptance of money and valuables by Defendant Kim99

(A) May 9, 2009. Receipt of money and valuables

피고인 김00은 2009 . 5 . 8 . 15 : 45경 피고인 김99에게 줄 5 , 000만 원을 이01로부터 송금받은 후 현금으로 인출하였고 , 그 날 18 : 21경 피고인 김99에게 전화를 하여 2009 . 5 . 9 . 저녁 7시경 서울 강남구 논현동 소재 임페리얼팰리스호텔 ( 구 아미가호텔 ) 1층 로 비에서 만나기로 약속하였다 .

피고인 김00은 2009 . 5 . 9 . 18 : 30경 임페리얼팰리스호텔 1층에 도착하여 피고인 김 99를 기다리다가 18 : 33경 전화를 하였고 , 당시 피고인 김99는 임페리얼팰리스호텔 2층 일식당에서 일행 강05 , 이06 등과 식사하던 중 피고인 김00에게 호텔 지하 1층에서 만 나자고 하였다 .

Defendant Kim 99 was released from the first underground floor and entered the empty space of the club with Defendant Kim 00 who was waiting for the place, and then, Defendant Kim 00 was asked for a good request with respect to the order Me MaMa Ma Ma Ma Ma Ma Ma Ma Ma 600.

(B) June 23, 2009. Acceptance of money and valuables

Defendant Kim 00 received a promise from Lee 01 to June 22, 2009 to prepare the remainder of KRW 50,000,000 among the KRW 100,000,000, which was promised to give to Defendant Kim 99, and around that time, Defendant Kim 99 and June 23, 2009 to Defendant Kim 22:0 on May 200.

Defendant Kim 00, around June 23, 2009, arrived at the first floor of the building of the Gangnamnam SPS Center before Gangnam around 00:0, and was waiting for Defendant Kim 99. Defendant Kim 99 around that time after the completion of the Seoul Southern AFP curriculum curriculum, Defendant Kim 00 who was waiting for the elevator getting on the elevator and the seat of the elevator on the first floor.

Defendant Kim 99, along with Defendant Kim 00, went off to the first floor underground of the above building and entered the said building (referred to as drinking, etc.) and received 50 million won from Defendant Kim 00 along with the above solicitation to the effect.

As a result, Defendant Kim9 acquired KRW 100,000,00 from a person who handles another's business to receive unfair solicitation about his duties.

(3) Offering money and valuables to Defendant Kim 00 and Lee 01

Defendant Kim 00 and Lee 01 offered a total of KRW 100 million to Defendant Kim 99 in collusion with the above purport.

(b) Basic facts

In full view of the evidence duly adopted and examined by the court below and the court below, the following facts are recognized.

(1) Status and relationship of the Defendants

After graduating from the Department of Management of Korea University in 1980, Defendant Kim 99 served in the U.S. dollars for the period from 1980 to 1986. From 198 to 2001, Defendant Kim Jong-soo served as the Director of Public Works (President) of the Korea National University in LI III and at the time of LI III, and was appointed as the Vice Director on October 20, 2008.

한편 , 피고인 김00은 경북대학교 경제학과를 졸업하였고 , 2008년 초순경 주식회사 왕 ^ ^ ^ ^ 의 상임고문으로 근무하였다가 2008년 하반기부터 2009년 상반기까지 대 - - - - - 의 상임고문으로 근무하였다 .

After Defendant Kim00 served in the subordinate businesses of L/L////S corporation in around 1998, the Defendants came to contact or talk with each other, and maintained their friendship, and then made several conversations every day thereafter.

(2) Relationship between Lee 01 and Defendant Kim 00

(A) 01 set up four (N) around 1993 **, and as of May 2009 - - - the defendant Kim0 who was a standing adviser - - with respect to the receipt of orders for communications construction works, in 2009 *** because the defendant Kim 00, who was due to the difficulties in the circumstances of **, ordered several construction works including Co Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma * Do, thereby joining the defendant Kim 00 as the chairperson - *** * by assisting him.

(B) On May 1, 2009: (a) Defendant Kim 00 sent e-mail in the above process to Defendant Kim 10:52 and May 2, 2009:04:01 as follows; (b) e-mail as shown in attached Table 1; (b) on May 8, 2009, Defendant Kim 1 sent e-mail as shown in attached Table 2 to k ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? from this date on May 8, 2009 to this effect; (c) the loan was paid on a conditional basis to Kim 99 in order to deal with supply, maintenance, etc. of all kinds of equipment; and (d) Kim 00 would not be repaid immediately when the loan was made in a normal way within three months.

(C) Defendant 00 sent e-mail from May 2009 to 11:32:01 as follows: Defendant 1 sent e-mail with the same content as the attached Form 2; from June 1, 2009 to ** on June 3, 2009; on June 10, 48: 01, e-mail with the same content as the attached Table 10% of 20% of 20% of 20% of 20% of 20% of 3rd of 3rd of 3rd of 3rd of 3rd of 3rd of 3rd of 209, 3rd of 2nd of 3rd of 3rd of 1st of 206, 3rd of 2nd of 1st of 3rd of 3rd of 2nd of 3rd of 2nd of 3rd of 3rd of 3rd of 3rd of 3rd of 3rd of 3rd of 3rd of 3rd of 3rd of 3rd of .

(D) This 01 wired KRW 50,000 from May 8, 2009 to May 15, 2009 in accordance with the above e-mail and loan certificates : ** from the account to the national bank account of Defendant Kim 00 (8:00,000 won) * * * * 16:00,000 won from the account to the Japanese bank account of Defendant Kim 09 (1): 16:00 won on the same day * 2:2,000 won from the account to the above bank account of Defendant Kim 1,50,000 won on the same day : 16:0 won on the same day * 2:2,000 won from the above bank account to the above bank account, and 10,000 won was remitted to Defendant Kim 10,50,000 won on the same day.

(3) Investigation of Defendants

주식회사 왕 ^ ^ ^ ^ 의 소유자인 이10은 2009 . 7 . 경 고양시 일산서구 탄현동 소재 군 사 격장인 백마사격장 이전사업과 관련하여 ' 김00이 고양시의원 길04 등 공무원에게 수천 만 원의 뇌물을 주었다 ' 라는 취지로 검찰에 고발하였고 , 피고인 김00은 2009 . 10 . 14 . 구속되었다 . 그 후 피고인 김00의 컴퓨터와 휴대전화가 압수되었고 , 그 과정에서 위에 서 본 바와 같은 내용의 이메일 , 컴퓨터 파일 등이 발견됨으로써 피고인 김99에게 돈 을 주었을지 모른다는 정황이 확인되어 이 사건 수사가 시작되었다 .

C. Evidence related to the facts charged

(1) The statement of Defendant Kim 00

(A) Statement at the prosecution.

1) 6th suspect interrogation protocol - On October 21, 2009 (An inspector's office 612, Goyang-si Office)

Defendant Kim 00 offered that “this 01 is ordered to Mem Mem MaMa business, and 10% out of 20% of that profit shall be paid as annual salary, and that the remainder 10% shall be reported as a result, and that 30% shall be guaranteed on the face of K, and that 100 million won shall be granted under the preceding condition, but the money received from this 01 shall be given to all the wife.”

2) 7 and 8 suspect interrogation records - October 22, 2009 (a government prison investigation room and interview room)

As to the e-mail content sent to Defendant Kim 01, Defendant Kim 00 thought that he would give 30% of his profits to Defendant Kim 99, not to do so, and that he would offer 30% of his profits to Defendant Kim 99, and Defendant Kim 1 would be a certain amount of his profit, but later, Defendant Kim 99 did not have any circumstances in which he could do so, and it was necessary for this 01 to clearly arrange for the distribution of profits for the last time, so it is necessary for this 01 to clearly arrange for the distribution of profits.

3) See 9 suspect interrogation protocol - On October 23, 2009 (Acs. for investigation into and interview with governmental prisons)

Defendant Kim 00 prepared a loan certificate on the condition that the business will be deducted from the income and returned if the business is lost, and Defendant Kim 99 was only withdrawn money, but Defendant Kim 9 did not have money at the time the business was paid to the wife. Defendant Kim 99 did not have money at the time the business was delivered. The same is the same. Defendant Kim Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don.... The same is the same as it is difficult for the president to achieve our project again by the Kim Don Kim n Don Don Don Don Kim Don, and it will be 100 million won at the time of the first promise to use the loan certificate. Defendant Kim Don 2's statement that he will not offer money to the president for the original purpose of this document.

4) 10th suspect interrogation protocol - On October 23, 2009 (Government prison investigative room and meeting room)

Defendant Kim 00, “I wanting to withdraw KRW 100 million in cash immediately and bring the matter to Defendant Kim 99, while keeping his house in the house with a change of mind, I am scam, and I am scam scam at all by treating all things. He am scams scam in the morning and scam scam scam in the opening of the house at the present time. He left part of the 100 million won per hour and kept in the house. Defendant Kim 99 was given a picture in preparation for a case where I am scam and Kim 99 did not receive a cash even if I am scam scam.

5) 11 suspect interrogation protocol - On October 25, 2009 : 58 to 16: 30 (A medical prison investigation room and interview room)

On October 24, 2009, Defendant Kim 00 made a statement that Defendant Kim 100 million won was given to Defendant Kim 99 on October 25, 2009 following the following day after he was subject to measures of restriction on meeting with persons other than counsel.

피고인 김00은 진술을 번복한 이유에 관하여 " 제가 구속된 이후 건강이 나빠졌고 , 사실대로 다 말씀드리는 것이 도리인 것은 알지만 , 정확한 판단이 서지 않아서 검사님 신문에 제가 사실대로 말하지 않은 부분이 있습니다 . 그런데 어제와 오늘 오전에 쉬면 서 몸도 많이 나아졌고 , 이제 제대로 판단이 들어서 전부 다 사실대로 말씀드리겠습니 다 " 라고 진술하였고 , 2009 . 5 . 8 . 이01로부터 받은 5천만 원의 전달 과정에 관하여 " 2009 . 5 . 8 . 5천만 원을 통장으로 받아 전액 출금하여 집에 보관하고 있던 중 9일에 피고인 김99를 만나기로 하였다가 약속이 취소되었고 , 임페리얼팰리스호텔 지하 카페 에서 9일 또는 10일 저녁 7시 내지 8시 경 피고인 김99와 잠깐 만나 피고인 김99에게 돈만 전달하면서 음료를 마신 사실은 없다 " 고 진술하였으며 , 2009 . 6 . 22 . 이01로부터 받은 5천만 원의 전달 과정에 관하여 " 2 , 3일 정도 지난 후에 피고인 김99가 서초동에 있는 파이낸스센터빌딩에서 서울대 특수과정 교육을 받고 있어 그 곳 지하 커피숍에서 만나기로 하여 피고인 김99에게 위 5천만 원을 주었다 " 고 진술하였다 .

6) Written statements of October 26, 2009

Defendant Kim 00 is the purport that on October 26, 2009, there was no demand from Defendant Kim 99 for the continued money, and therefore, it was not possible to accept that demand. He entered N*****, and consultation with Defendant Kim 199.

7) 13 examination of suspect interrogation protocol - On October 26, 2009: 30 to 21 on October 26, 2009: 54 (Examination Office No. 612 of Mayang-si Office)

피고인 김00은 2009 . 10 . 26 . 피의자신문을 받으면서 이 사건 공소사실을 자백하 는 취지로 진술하였고 , 2009 . 5 . 8 . 이01로부터 받은 5천만 원의 전달 과정에 관하여 " 2009 . 5 . 8 . 5천만 원을 출금하여 그 다음날인 2009 . 5 . 9 . 7시경 전날 약속한 장소인 임페리얼팰리스호텔 지하 클럽 빈방에서 피고인 김99와 만나 위 5천만 원을 피고인 김 199에게 주었다 " 고 진술하였으며 , 2009 . 6 . 22 . 이01로부터 받은 5천만 원의 전달 과정 에 관하여 " 2009 . 6 . 22 . 이01로부터 입금받은 5천만 원을 출금하여 집에 하루 보관하 고 , 다음날이나 그 다음날인 6 . 23 . 또는 24 . 저녁 7시 30분경 피고인 김99가 정한 장 소인 강남에 있는 파이낸스센터빌딩 1층에서 피고인 김99와 만나 지하 커피숍으로 이 동하여 핸드폰으로 촬영한 사진 속 쇼핑백에 넣어 위 5천만 원을 피고인 김99에게 주 었으며 , 당시 피고인 김99가 AFP과정을 듣는다고 하면서 그 빌딩에서 만나자고 하였 던 것 같다 " 고 진술하였다 .

8) 14th suspect interrogation protocol - On October 26, 2009 : 05 to 23: 49 (An examiner's office 612, Goyang-si Office)

피고인 김00은 2009 . 5 . 8 . 이01로부터 받은 5천만 원과 관련하여 " 피고인 김99에 게 돈을 전달하기 전날 회사 근처 국민은행 본인 계좌로 이01이 송금해 준 5천만 원을 바로 현금으로 찾아 김99에게 다음날 만나자고 연락하였더니 피고인 김99가 내일 골 프를 치는데 끝나고 나서 저녁 무렵에 서울 강남구 논현동에 있는 임페리얼팰리스호텔 에서 7시경 만나자고 하여 그 날은 현금을 가지고 집으로 갔고 , 나중을 대비해서 휴대 폰으로 현금 뭉치를 촬영해 놓은 후 다음날 임페리얼팰리스호텔 1층 커피숍에서 먼저 가서 기다리고 있다가 , 피고인 김99가 전화로 밑 ( 지하 ) 에 있다고 하면서 오라고 하여 갔으며 , 그 곳은 멤버쉽 클럽이 있는데 , 빈방에 가서 그냥 업무적인 얘기 조금하고 ' 돈 가져왔다 ' 고 하면서 돈과 함께 메모 같은 것 , 전회 이메일 내용에 있는 네 * * * 향후사업 지원사항을 전해주고 온 것으로 기억하고 , 피고인 김99에게 ' 내 돈이 아니다 . 네 * * * 회 사 돈이다 . 빌려 온 거다 . 앞으로 네 * * * 잘 봐 달라 . 명심해라 ' 는 식으로 말하였더니 피 고인 김99가 ' 알았다 . 앞으로 잘하겠다 ' 고 대답해 주어 바로 나왔다 " 고 진술하였다 .

또한 피고인 김00은 2009 . 6 . 22 . 이01로부터 받은 5천만 원과 관련하여 " 2009 . 6 . 22 . 집근처 SC제일은행 도화동지점에서 5천만 원을 인출해서 휴대폰으로 현금 돈뭉치 를 촬영하고 서재로 쓰고 있는 방에 돈을 보관하다가 다음날인가 며칠 지나서인지 확 실하지 않지만 교보타워 사거리 근처에 있는 파이낸스센터빌딩에서 저녁 7시 30분경 또는 더 늦을 수도 있는 시간에 피고인 김99를 위 파이낸스센터빌딩 지하 커피숍에서 만나 현금을 건네 주었다 . 1층에서 김99를 찾고 있는데 마침 피고인 김99가 엘리베이 터에서 내려 만나게 되었고 , 바로 지하 커피숍으로 내려가서 커피 한 잔 하면서 전번 과 동일하게 얘기하면서 커피 한 잔 하고 바로 현금 건네 주면서 ' 앞으로 잘 부탁한다 ' 고 말하고 나왔다 " 고 하다가 " 강남파이낸스센터빌딩의 위치는 엘지트윈스 빌딩이 있는 대각선 맞은편에 위치하고 있고 , 당시 아주 캄캄하여 밤 9시나 10시경일 수도 있다고 생각된다 " 고 진술하였다 .

19) Written statements of October 29, 2009

피고인 김00은 2009 . 5 . 8 . 5천만 원을 출금한 후 피고인 김99에게 통화하여 2009 . 5 . 9 . 저녁 7시경 임페리얼팰리스호텔 커피숍에서 만나기로 약속하였고 , 당일 약 속시간에 피고인 김99가 오지 않아 피고인 김99에게 전화를 하자 , 피고인 김99는 지하 클럽에서 기다리고 있다고 하여 , 피고인 김00은 바로 내려가 5천만 원이 든 쇼핑백을 피고인 김99에게 전달하였으며 , 그 다음 5천만 원을 이01로부터 받기 며칠 전 피고인 김99에게 전화해서 만나자고 하자 피고인 김99가 2009 . 6 . 23 . 파이낸스센터빌딩에서 밤 10시경 1층에서 만나자고 하였고 , 피고인 김00은 돈을 출금하고 나서 피고인 김99 와 통화를 하려고 하였으나 통화가 되지 않아 2009 . 6 . 23 . 약속한 장소 1층에서 밤 10시경에 피고인 김99와 만나 지하 커피숍으로 장소를 옮겨 그 장소에서 피고인 김99 는 간단한 식사를 하고 , 피고인 김00은 아무것도 먹지 않은 채 준비한 돈이 든 쇼핑백 을 피고인 김99에게 전달하였다는 내용이다 .

10) 15 suspect interrogation protocol of No. 15 - On October 28, 2009: 10 to 11: 28 (Inspection Office No. 612 of Mayang-si Office)

On October 28, 2009, Defendant Kim 00 stated that the prosecutor made a false statement to the attorney that he had been able to satisfy with the fact that the prosecutor had interviewed the 11th lawyer per week prior to this day, that there was evidence, such as a email or a printed document with this 01, and that he was a money corresponding to this 01, and the source of the fund was not able to satisf Kim 99, and that he could no longer satisfy, and that he had satisfyd with the attorney.

11) 16 suspect interrogation protocol - November 6, 2009 : 25 to 11: 36 (A medical prison investigation room and interview room)

Defendant Kim 00, upon being examined on November 6, 2009, "the confession was made, Kim 99, Lee 01 et al. outside the confession was made, and the counsel exercised the right of silent between the parties, and the defense counsel refused to be present at the prosecutor's office and make a specific statement on the following day in consultation with the defense counsel.

12) 17 suspect interrogation protocol - November 15, 2009 : 05 to 16: 18 (Inspection Office, 612, Goyang-si Office)

피고인 김00은 2009 . 11 . 9 . 피의자신문을 받으면서 이 사건을 자백하는 취지로 진술하면서 , 2009 . 5 . 9 . 자 배임증재의 점과 관련하여 " 돈을 출금하고 나서 피고인 김 199에게 전화를 하여 다음날 김99 사장과 저녁 무렵 ( 정확한 시간은 기억이 나지는 않으 나 ) 에 임페리얼팰리스호텔에서 보기로 하였고 , 당일 호텔 1층 커피숍에서 기다리고 있 다가 피고인 김99에게 18 : 33경 전화를 하였으며 , 피고인 김99가 지하로 내려오라고 하 여 내려가서 기다리자 피고인 김99가 내려왔고 , 피고인 김99의 안내에 따라 지하 1층 룸이 있는 클럽에서 피고인 김99에게 5천만 원을 주며 잘 부탁한다는 취지로 말하였으 며 , 피고인 김99는 그 운전기사에게 전화를 한 것으로 기억하고 , 2009 . 5 . 9 . 19 : 17경 이01과 통화했는데 ' 잘 전달했다 . 잘 될 것이니 걱정하지 말라 ' 는 취지의 내용으로 전 화를 했다 " 고 진술하였고 , 2009 . 6 . 23 . 자 배임증재의 점과 관련하여 " 돈을 찾기 전 이 101로부터 2009 . 6 . 22 . 경 5천만 원을 마련해 준다는 다짐을 받아 피고인 김99와 전화 하여 만날 약속을 잡았고 , 돈을 출금한 후 2009 . 6 . 23 . 강남파이낸스센터빌딩 1층 엘 리베이터 근처에서 엘리베이터를 타고 내려오는 피고인 김99를 만나 바로 지하 1층으 로 내려갔으며 , 지하 1층에 있는 가게 코너 ( 음료와 가벼운 먹을거리를 파는 곳으로 기 억됨 ) 에서 피고인 김99는 간단한 음식을 먹고 , 피고인 김00도 음료를 마신 후 피고인 김99에게 돈을 건네 주었다 " 고 진술하였다 .

13) 18 suspect interrogation protocol - November 13, 2009 : 45 to 14: 00 (a governmental prison investigative room and interview room)

피고인 김00은 2009 . 5 . 8 . 이01로부터 받은 5천만 원과 관련하여 " 피고인 김99가 2009 . 5 . 9 . 오전에 골프 약속이 있어 오후에 임페리얼팰리스호텔 1층에 있는 커피숍으 로 오라고 하여 당일 1층 커피숍에 앉아 기다리다 18 : 33경 피고인 김99에게 연락하자 피고인 김99가 지하로 내려오라고 하여 지하 1층에서 피고인 김99와 만나 피고인 김 199가 안내에 따라 복도를 통해 들어간 클럽 빈방에서 피고인 김99에게 5천만 원이 든 쇼핑백을 건네 주면서 잘 부탁한다고 말하였고 , 그 후 피고인 김99가 그 운전기사에게 전화를 하였다 " 라고 진술하였고 , 2009 . 6 . 22 . 이01로부터 받은 5천만 원과 관련하여 " 피고인 김99가 정한 대로 2009 . 6 . 23 . 강남파이낸스센터빌딩 1층에서 만났고 , 당시 윤08을 만났는지 여부는 기억이 나지 않는다 " 는 취지로 진술하였으며 , 검사가 현금 5 천만 원을 줄 당시 현금이 보이지 않도록 한 조치에 대하여 질문을 하자 " 보이지 않도 록 신문지를 위에 놓거나 하였을 것인데 그 부분이 잘 기억나지 않는다 " 고 대답하면 서 , 피고인 김99와의 대질을 거부하였다 .

14) 19 suspect interrogation protocol - November 23, 2009 : 45 - 11 : 40 (An examination room of Goyang-si 612)

Defendant Kim 00 prepared by a written application to the effect that he would make a false confession to the greatest extent possible due to the continuous investigation by the prosecutor, which led to the prosecutor's private width, threats such as expansion of investigation, and other incidents, which are different from that of the prosecutor's private life, was submitted to the court through Defendant Kim 99, and the prosecutor asked for accurate investigation, and that he was asked to answer the situation. The use of the written application is completely different from the facts, and it is written that he tried to refer to the trial in the match from the standpoint of his defense counsel, and when he interviews with his counsel, he stated the use in the sense that he would be punished in the sense that he would be able to take into account the punishment in the court, and that he would be able to leave the personal privacy to the house. The part that was timely written to the effect that " will leave the house without his intention to leave at will," and that he was summoned by a prosecutor on the part of the school & the house. The same is the same.

15) 20 examination of suspect suspect – On November 25, 2009: 15 to 10 on November 25, 2009: 51 (Examination Office No. 612 of Mayang Branch Office)

Defendant Kim 00, upon being examined on November 25, 2009, denied the charges of this case at the initial stage of the investigation, but led to confession, refused to cross-examination with Defendant Kim 99, and stated that the contents of the above written applications are overfinite expressions and are different from the facts.

(B) Statements in the original judgment and the court of the first instance.

Defendant 00: (a) reversed his statement at the lower court’s 20th trial; (b) “I am 100,000,000 won for the 10th 5th 2nd 1st m3rd m3rd m3rd mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar m.

(2) The statement of Defendant Kim99

Defendant 99 denied that there was no 100 million won as stated in the facts charged from Defendant Kim 00 to the court of the trial. Defendant Kim Jong-soo introduced Defendant Kim 00 a lecture 05 of work as electrical affairs upon receipt of a request from Defendant Kim 00 to introduce the person from Defendant Kim 1). Defendant Kim Jong-soo only introduced Defendant Kim 00 a lecture 05 of work as electrical affairs, and there was no proposal for Defendant Kim 1 to receive order from Defendant Kim 00, and on May 9, 2009 and June 23, 2009, Defendant Kim 00 was stated to the purport that it was true.

(3) Other evidence

(A) A statement 01

1 ) 이01은 검찰에서 처음 수사받을 당시 피고인 김99에게 줄 목적으로 피고인 김 100에게 1억 원을 지급한 사실이 없다며 부인하다가 피고인 김00의 자백 후 제3회 피 의자신문 ( 2009 . 10 . 29 . ) 을 받으면서 , " 2009 . 5 . 9 . 피고인 김00로부터 피고인 김99에게 잘 전달하였다는 보고를 받았고 , 2009 . 6 . 24 . 경 출근하여 피고인 김00로부터 피고인 김99에게 잘 전달하였다는 보고를 받았다 " 고 진술하였고 , 제4회 피의자신문 ( 2009 . 12 . 3 . ) 시 " 피고인 김00로부터 2009 . 5 . 9 . 피고인 김99에게 돈을 주었다는 보고를 , 2009 . 6 . 24 . 좋은 일 있을 것이라는 보고를 받았고 , 그 후 피고인 김00과 함께 2009 . 6 . 말 경 또는 2009 . 7 . 초순경 임페리얼팰리스호텔 일식당에서 피고인 김99를 만났으며 , 2009 . 7 . 경 오후 8시반경 63빌딩 와인바에서 피고인 김99를 만나 피고인 김99에게 ' 저 희 회사도 코 # # 사업에 참여할 수 있도록 좀 도와주세요 ' 라고 부탁을 하였더니 , 피고 인 김99가 ' 회장 ( 피고인 김00 ) 님이 열심히 하시고 계십니다 . 그러니까 앞으로 잘 되겠 죠 ' 라고 말하였다 " 고 진술하였다 .

2) This01 appeared as a witness in the court of the court below, and there is no talking that the report was made only by Defendant Kim 00, which is a good point of time, and that Defendant Kim 00 made a statement at an investigative agency as such, and that the statement was made only that Defendant Kim 00 made a statement at the investigative agency, and that it was not consistent with this memory.

(B) The statement of 08

윤08은 검찰에서 " 2009 . 6 . 경 강남파이낸스센터빌딩에서 밤 10시경 AFP과정의 강 의가 끝난 후 엘리베이터 앞에서 피고인 김00을 만났으며 , 당시 피고인 김00은 종이로 된 가방을 가지고 있었고 , 피고인 김99를 만나러 왔다고 말하였으며 , 2009 . 9 . 경 피고 인 김00과 만나 술을 마시다가 피고인 김00이 ' 코 # # 과 I ) 관련된 일을 추진한다 . 1억 원을 김99에게 건넸다 ' 고 하는 말을 들었다 " 고 진술하였다가 , 원심 법정에서 " 피고인 김00이 2009 . 6 . 23 . 들고 있었던 쇼핑백의 크기는 A4 용지의 3분의 2 정도이고 , 2009 . 9 . 경 피고인 김00이 피고인 김99에게 1억 원을 건네 주었다는 말을 들었는지는 그 당시 술에 많이 취한 상태였고 , 기억이 애매하다 " 는 취지로 진술하였다 .

(C) As recognized in other basic facts, the following are evidence: (i) NA** * * * 'a letter of loan between Defendant Kim0 and Defendant Kim 00’; (ii) e-mail sent by Defendant Kim 00 to this 01; (iii) pictures stored in Defendant Kim 00’s cell phones; and (iv) the contents of each currency among the Defendants are related to the facts charged in this case.

D. Determination on Defendant Kim 00’s statement

(1) Voluntary statement

(A) Prosecutor's assertion

1) Defendant Kim 00’s statement to the effect that he led to the confession of the instant facts charged by the prosecution is voluntary for the following reasons.

① In light of the investigation situation at the time of this case where the investigation method, such as the introduction of a video recording system and the preparation of a written confirmation of the investigation process, has been established to eliminate the doubt as to the observance of due process in the investigation process by the investigative agency, it is difficult to understand that the prosecutor conducts the investigation in a way that it would seriously undermine the individual privacy and the basic right of privacy to the defendant’s family members. Furthermore, Defendant Kim 00 already made a statement to the 04 member who issued 20,000 won to the 04 member under the pretext of requesting the appointment as a defense counsel and a school teacher, and the fact was already given to the 00 member who issued 20,000 won to the 04 member under the pretext of requesting the appointment as a defense counsel and a school teacher. In addition, considering Defendant Kim 00's career and age, it is difficult to see that the prosecutor made a false statement even when being subject to serious criminal punishment against Defendant Kim Do and Defendant Kim 99.

② Defendant Kim 00 did not refuse a prosecutor’s examination of a suspect who directly conducted an investigation into his/her school room, and voluntarily responded to an investigation into the prison.

1. Defendant Kim 00 made a statement to the effect that the contents of the written application were different from the facts, and on October 22, 2009, which was found true in the written application, Defendant Kim 9, who was the content of the interrogation of the suspect on October 23, 2009, requested the Defendant Kim 99 to issue an order for the business, and on the fact that the Defendant Kim 99 and met with Defendant Kim 99, it is doubtful that the content of the written application is true or not.

④ On October 24, 2009, the measure of restriction on meeting against Defendant Kim0 was not only the legitimate exercise of the prosecutor’s authority as prescribed by the Criminal Procedure Act, but also the subject of the measure of restriction on meeting is excluded from the defense counsel, and if Defendant Kim 00 desires to do so even after the measure was taken, contact with the defense counsel may be taken at any time, and thus, the measure of restriction on meeting did not have any limitation on the exercise of the right to contact with the defense counsel. Thus, it cannot be deemed that the measure of restriction on meeting affected

⑤ Defendant Kim 00, having nine-time criminal records, experienced in an investigative agency’s investigation, was very much aware of the method and procedure of the investigation, compared to the general public. Rather, the denial of the facts charged was made a confession of the crime in good faith due to the crisis in the Roraday and fear of severe punishment.

(B) Determination

When there is a reason to suspect that the confession of a defendant does not have been voluntarily stated in the manner of adviser, assault, threat, unreasonable prolonged detention of body, deception, or other law, it shall not be proven guilty, and where the existence of the defendant's statement is disputed, the court shall decide whether the defendant's confession was arbitrarily made with free conviction by taking into account all the circumstances, such as the defendant's educational background, career, occupation, social status, intelligence degree, details of his statement, and the form of the suspect's correspondence protocol.

According to the evidence duly adopted and examined by the court below and the trial court, ① Defendant 00 has extensive social experience after graduating from the Gyeongbuk University economics. On April 14, 2005, the Seoul High Court sentenced Defendant 1 to the suspension of execution of two years for the offering of bribe at the Seoul High Court, and all other criminal records have been recorded nine times in addition to the past sentenced to the suspension of execution of two years for the crime of offering a bribe at the Seoul High Court, ② Defendant 00 transferred KRW 20 million to 04,000 upon the investigation into the offering of a bribe to Defendant 04, and the money transferred to Defendant 1 in the name of Defendant Kim 00's wife 00,000, and the prosecutor continued to respond to the investigation of Defendant 100,000,000 won to Defendant 2 and his family members stated to Defendant 100,000,000,000 won to Defendant 1, 200,000.

According to the above facts, it is difficult to view that Defendant Kim 00 had already been aware of the investigation method, etc. due to the experience of investigation conducted by the investigative agency several times, and that the prosecutor made intimidation as alleged by Defendant Kim 100, and even after his defense counsel and the case, the prosecutor made a statement recognizing the facts charged of this case, and made a statement to confession the facts of perjury under his own judgment compared with what meaning of confessions, whether the profits and disadvantages incurred from confessions have been left, so the confession of Defendant Kim 00 appears to have been voluntarily stated, and there is no reason to suspect that the confession of Defendant Kim 1 does not fall under the confession under the promise of profits excluded from discretionary nature under the Criminal Procedure Act, or that it does not fall under the confession of Defendant Kim 1's arbitrary confession.

(2) The credibility of the statement

(A) Determination criteria

In determining the credibility of a confession, it is necessary to determine whether there is a situation in which the contents of the confession are objectively rational, in consideration of the motive and reason of the confession, and whether there is any conflict or inconsistency with the confessions among the circumstantial evidence other than the confessions.

In addition, in the case of the crime of giving and receiving the money in breach of trust, including the bribery, where the defendant, who was selected as the recipient of the money and valuables, denies the fact at the time of the acceptance of the bribe and there is no evidence such as objective materials to support this, the statement of the donor of the money and valuables in order to find him guilty only by the statement of the donor of the money and valuables must be admissible as evidence, and there should be credibility excluding a reasonable doubt. In determining the credibility of the statement, it is necessary to also examine the rationality of the contents of the statement itself, objective reasonableness, and consistency before and after the fact.

(B) Determination

1) As to the background of confession by Defendant Kim 00

As seen earlier, Defendant Kim 00 denied the instant crime at the early stage of the investigation, and refused the summons of the prosecutor for health reasons. The prosecutor, on October 22, 2009 and the following day, conducted an interrogation of the Defendant Kim 00 to the medical prison with the view of Defendant Kim 00, and limited meetings with persons other than the changed counsel on October 24, 2009. Defendant Kim 00 was under the examination of the suspect on October 25, 2009, and it was impossible to make a true statement because it was impossible to make a correct judgment because the health was omitted after the detention, but it was difficult to make a correct judgment on October 25, 200, because there were many body bodies and there were concerns to make a judgment as to the facts charged of this case and make a confession for a long time due to his false arrest.

In addition, Defendant Kim 00 prepared a written application to the effect that, after completing the examination of the suspect who led to the confession of the crime, the health has deteriorated due to the continuous examination of the prosecutor's examination, and that he made a false confession with the prosecutor's private life, such as intimidation, expansion of the investigation, etc., and other cases, he would make the best efforts to deal with it, and that he would request an accurate examination. In addition, it is doubtful whether Defendant Kim 00 made a confession or not.

2) As to the time to deliver money

(1) The time of delivery of the first 50 million won.

Defendant Kim 00 stated that he first led to the revocation of his promise with Defendant Kim 9 on May 9, 2009, and that he paid money on May 9, 2009 or May 10, 2009. Around May 9, 2009, Defendant Kim 1 stated that he promised to meet Defendant Kim 99 on May 9, 2009 in the subsequent investigation, and that he again made a statement that he promised to meet Defendant Kim 99 on May 9, 2009, such as that he stated that the time agreed to meet is not accurate memory in the 17th interrogation.

(2) The time, etc. of transmitting the second 50 million won.

After withdrawing money on June 22, 2009, Defendant Kim 1 made a statement that Defendant Kim 99 met after the lapse of 2,300,000, Defendant Kim 1 made a relatively detailed statement on June 23, 2009 or around 7:30 minutes before the next investigation. On October 29, 2009, Defendant Kim 1 made a simple statement on the following grounds: (a) before he received KRW 50,00,000,000; (b) before he made a statement on June 23, 2009, he made it difficult to see Defendant Kim 9 and 10: (c) he made a simple statement on the following grounds; and (d) he made a statement on the grounds that he made it difficult to see that he made a simple statement on the grounds that he made it difficult to see that he made a statement on the grounds that he made it difficult to see that he made a simple statement on the grounds that he made it difficult to see that he made a new statement on Kim coffee and 90.

3) As to the place where money was delivered

(1) A place where 50,000 won in the first place is delivered.

피고인 김00은 2009 . 5 . 9 . 18 : 33경 피고인 김99와 전화통화를 한 이후 임페리얼 팰리스호텔 지하 클럽의 빈방에서 5천만 원을 주었다고 자백하였으나 , 당심 현장검증 조서의 기재에 의하면 , 임페리얼팰리스호텔 지하 1층에는 바 ( bar ) 로 운영되는 마에스트 로 ( MAESTRO ) , 조바 ( ZOE BAR ) 와 가라오케로 운영되는 벨아미 ( BELAMI ) 등 3곳의 업 소가 현재까지도 동일하게 영업하고 있고 , 그 중 마에스트로는 밀폐된 룸이 하나이며 , 조바는 입구에서 안으로 깊숙이 들어가서 룸이 몇 개 있고 , 벨아미는 여러 개의 룸이 있으며 , 이 술집 모두 영업 개시 시간은 오후 7시로 , 영업시간 전에는 룸을 이용할 수 없고 , 단골이거나 안면이 있는 경우에는 룸을 사용할 수도 있으나 그 관리를 맡고 있 는 직원들은 피고인 김99를 알지 못하며 , 영업시간 전인 18 : 30경에는 지나다니는 사람 도 없다고 말하고 있고 , 피고인 김00은 처음 자백하면서 카페라고 진술하다가 , 그 다음 조사에서는 클럽 빈방이라고 진술하고 , 그 후에는 복도를 통해 들어간 클럽의 빈방이 라고 진술하는 등 그 진술이 조금씩 번복되고 있으며 , 호텔 지하 1층에는 위와 같이 3 개의 업소만이 있음에도 그 중 어느 곳인지 특정을 하지 못하고 있어 , 피고인 김99와 피고인 김00이 임페리얼팰리스호텔 지하 업소에서 만났다는 점에 의심이 간다 .

(2) A place where the second KRW 50,000 is delivered.

Defendant Kim 1, on June 23, 2009: around 00: 22: around 00, he stated that Defendant Kim9 was a simple meal. However, according to the on-site verification protocol, Defendant Kim 1 was operated equally from around 200 to around 30:0,000 to around 1:0,000, Defendant Kim 1 was operated in the same manner as of June 23, 200, 105, Smoke (Smoke Smoon), 105, and smokiki (Smoon) around 20: Kim Smo-di, Kim Smo-di, 105, 105, 100, 100, 1000, 200, 105, 105, and 105, and 200,000, 10,000,000 from around 20:5, 200.

4) As to the method of packing money

Defendant Kim 00 stated that there is no memory for which money was stored in shopping bags but specifically packed the money. Cash KRW 50,000 is likely to show its content if it was placed in shopping bags without any separate package, and the delivery of money is frequent, and thus, it is ordinary to pay attention to the packaging of the money. While Defendant Kim 00 did not associate with this part, it is difficult to recognize its credibility to memory a specific situation in which money was delivered while Defendant Kim 100 delivered money.

5) As to the circumstances after Defendant Kim99 received money

1. The circumstances, May 9, 2009

원심 및 당심이 적법하게 채택하여 조사한 각 증거들에 의하면 , 피고인 김99는 2009 . 5 . 9 . 08 : 00경부터 렉스필드 컨트리클럽에서 이06 , 김광민 , 강05와 함께 골프를 치고 , 초계탕 집에서 점심식사를 한 후에 송12에게 연락을 하여 임페리얼팰리스호텔 만요라는 일식집에서 저녁식사를 하기로 약속하였으며 , 오후 3시경 임페리얼팰리스호 텔에 도착하여 사우나 및 헬스장에서 시간을 보내다가 오후 6시경 이06 , 강05 , 송12와 함께 저녁 식사를 한 후 오후 7 : 53경 식사 대금을 결재하였고 , 오후 8시경 1 , 2km 떨 어진 네모라는 술집에서 술을 마시고 밤 11시경 헤어진 사실을 인정할 수 있고 , 당시 피고인 김99와 함께 있었던 이06 , 강05 , 송12는 원심 및 당심 법정에 증인으로 출석하 여 , 피고인 김99는 이06 , 강05 , 송12와 저녁 6시부터 밤 11시까지 함께 하였으며 , 특히 저녁 6시경부터 식사를 마친 시각까지 20 ~ 30분 동안 자리를 비운 사실이 없고 , 자리를 비운 후 쇼핑백을 가지고 들어온 사실도 없다고 진술하고 있으며 , 당시 피고인 김99의 운전기사였던 이13은 당심 법정에 증인으로 출석하여 , 2009 . 5 . 9 . 피고인 김99로부터 5천만 원이 든 쇼핑백을 받은 사실이 없다고 진술하고 있는바 , 이를 종합하여 보면 , 피 고인 김99가 2009 . 5 . 9 . 피고인 김00로부터 5천만 원을 받은 후 그 돈을 어떻게 가지 고 갔는지 설명이 되지 않아 , 그 당시 피고인 김99에게 돈을 주었다는 피고인 김00의 진술을 선뜻 믿기 어렵다 .

② The circumstances on June 23, 2009

According to each evidence duly adopted and examined by the court below and the court below, defendant Kim9 was present at the lecture of the Seoul Southern AFP, where more than 40 students attend the lecture from 6:6:00 p.m. on June 23, 2009 to 39:40 building at the Gangnam SP center, and the above lecture completed 21:40 p.m. and 22:0 p.m., the above lecture was 20 minutes after the end of 21:40 p.m., and 22:0 p.m., defendant Kim 99's driver was waiting for 07 p.m., and 07 p.m. was present as a witness at the court of the first instance, and it was hard to see how the defendant Kim 99 et al. al. al. e., e., Kim 50 million won after the completion of the AFP process on June 23, 2009.

6) As to KRW 100 million

Defendant 00 stated to the effect that he was given KRW 100,000 to his wife 03 and Dong Kim 02 before he was examined 11,00,000, and that he was given KRW 50,000,000 to his wife for the first time in the lower court and the first time in the court, and that he was given KRW 50,000,000,000 to his wife for the second time. Defendant 2 was present at the lower court on May 10, 200 or around May 11, 200, and Defendant 2 was present at the 00,000,000 won for the first time in cash and 5,000,000 won for the first time before he was examined 0,000,000,000,000 won for the first time in cash, and Defendant 2 was present at the 9,000,000,000 won for the second time in his name and 15,0.

(C) Sub-decisions

In light of the aforementioned various circumstances, such as the motive or reason for the confession of Defendant Kim 00, the act of Defendant Kim 00 after confession, the premise of confession, inconsistency with the circumstantial evidence, and inconsistency with the confessions, the credibility of the confession made by Defendant Kim 00 at the prosecution is nonexistent.

E. Review of other evidence

(1) A statement of 01

Defendant Kim 00 suggested the advance payment of KRW 100 million in mentioning the order of the Mere Mes Ma Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mess Mes

(2) The statement of 08

While the prosecutor stated that the defendant Kim 00, who was cited as a paper white in the building of the Gangnam-gu Center on June 2009 at the office of the prosecution, stated that the defendant Kim Dok-gu was 2/3 of the paper A4 site used by the defendant Kim 00 at the court of the court below, it is difficult to enter 50 million won in the paper. In addition, the prosecutor stated that the defendant Kim 99 from September 2009 to Kim 10 million won in relation to the Co. MaMa MaMaMaMaMa.," but the court of the court below stated that the defendant Kim 00 from around September 2009 to the defendant Kim 99, the defendant Kim Dok-gu stated that it was not sufficient to 90 billion won in the charges of the case, and that the defendant Kim Dok-gu was not guilty as well as that it was directly known at the place of the prosecution of this case.

(3) The loan certificate and the future project support items, e-mail, telephone call details, photograph-produced materials, etc. (cash dives)

Although there are evidence related to the facts charged in the instant case such as 'the loan certificate' and 'the contents of future business support', e-mail, e-mail, each currency content, and photographed output (cash withdrawal), it is not sufficient to directly recognize the fact that Defendant Kim 00 delivered KRW 100 million to Defendant Kim 99, and even if Defendant Kim 00 prepared 'the matters of future business support' to Defendant Kim 99, it is difficult to see that Defendant Kim 99 was aware of such matters, and further, it is difficult to conclude that Defendant Kim 99 received KRW 100 million from Defendant Kim 50,000,000 on that date only the currency content among the Defendants and 01 and Defendant Kim 99's driver, etc. was proved only as at the time, and it is difficult to recognize that Defendant Kim 99 was directly delivered KRW 90,000,000 to Defendant Kim Ga.

(f) General;

The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that leads the judge to the conviction that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it cannot be determined out of the benefits of the defendant.

With respect to this case, as seen in the above, the confession of the prosecution of the deceased Kim 00, who is the valuable evidence of this part of the facts charged, cannot be trusted because its credibility is doubtful, and there is no other sufficient evidence to establish it. If so, this part of the facts charged cannot be deemed to have been proven beyond a reasonable doubt, so the facts charged against the defendant Kim 00 and Kim 99 should not be deemed to have been proven beyond a reasonable doubt, and thus, although the facts charged against this part of the facts charged against the defendant Kim 100 and Kim 99 should be found not guilty, the court below found the defendant guilty, thereby affecting the conclusion of the judgment by misunderstanding facts in violation of the rules of evidence. The defendants' grounds for appeal concerning this point are with merit.

3. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as per Disposition after pleading.

Criminal facts and summary of evidence

Each criminal fact against Defendant Kim 00, which is admitted as a party member, is the same as the criminal fact of the original judgment [209No. 2657] No. 1 and No. 2. The summary of each evidence is as stated in the corresponding column of the original judgment. Therefore, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

(a) The point of offering of a bribe: Articles 133(1) and 129(1) of the Criminal Act (Appointment of imprisonment);

(b) The point of receiving money and valuables: Article 111 (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration into Consideration in favor of the defendant as follows)

1. Collection;

Article 116 of the Attorney-at-Law Act

Reasons for sentencing

On January 14, 2005, Defendant Kim 00 was sentenced to a suspended sentence of two years for the offering of bribe at Seoul High Court, and committed another same kind of crime in spite of the past record of the same crime, etc., Defendant Kim Dok-man committed another crime, which is disadvantageous to Defendant Kim 00, and that he committed another crime.

The profit actually acquired shall be determined as ordered by taking into account the factors of sentencing favorable to Defendant Kim 00, such as the fact that it is not visible, and other factors of sentencing as shown in the instant case, such as Defendant Kim 00’s age, character and conduct, family care or landscape, motive, means and consequence of the crime, and the circumstances after the crime.

Parts of innocence

Of the facts charged against Defendant Kim 00, the point of evidence in breach of trust and the summary of the facts charged against Defendant Kim 99 are as seen earlier. As seen in the judgment on the grounds for appeal above, since each of the above public prosecution rooms falls under the time when there is no proof of crime, the court rendered a judgment not guilty as to the Defendant under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment not to be accused as to Defendant Kim 99 in accordance with Article 58(2) of the Criminal Act.

Extraordinary Judgment of the presiding judge

Judges Kim Sang-hoon

Judges Yoon Dong-dong

Attached Form (1)

1. Chief Director

The treatment Information System Kim00 adviser.

1. Shear f.b. f. f.b.

It is time to send more enjoying time together with his family together with the Yellow gold franchising partnership.

k Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Ma

The decision and notification shall be made not later than 4 days after the full review and shall be made.

Provided, That this condition is the content that is determined by sufficient consultation with K, and therefore does not undertake any subsequent change in terms of business.

* Condition of presentment*

(Basic Matters)

- Conditions under which annual sales of 10 billion won can be achieved 10% of the profit (referred to as Co. She *) -

1. K side: 30% of the profit (the amount of KRW 100,00 shall be divided into two stages and paid by 5,000 up to May 8, and 5,000 up to June 8, and if the basic conditions are not fulfilled, the amount of responsibility shall be refunded by Kim00 if the basic conditions are not fulfilled; and the amount of the prepaid portion shall be deducted from the distribution of profit);

2. Kim 00: 20% of the profit (Provided, That 10% shall be paid in annual salary, and the remainder of 10% shall be paid in monthly or quarterly installments, and the results of the performance shall be reported and paid in installments; and the annual salary, extra-paid vehicle maintenance expenses and operating expenses shall be paid separately, setting the limits).

3. Disposing: A distribution to the profit shall be 50%.

(Separate)

- k MaMa MaMa MaMa MaMa MaMa MaMa Ma Ma. - When sales on all other projects have occurred, including bacup group, etc. -

1. Kim 00: 50% on the profit.

2. Disposing: 50% of the profit shall be distributed in proportion to the profits.

* - The terms and conditions set forth above shall be the unilateral opinion of the K, provided that there is any disagreement, separately from Egypt.

- Matters necessary to implement the above conditions (I) the BP company registration, etc. shall take the procedure immediately from the date on which mutual consultation is completed.

- In order to clarify the above commitments, Mau (or Mau) between E and Kim 00 will be concluded and trust will be maintained even more.

- In the event that the above conditions are not fulfilled, all commitments shall be blank and mutually interested shall be restored to the original state.

* The possibility of achievement of annual sales targets in separate matters (other business except for Co. MaMaMaMaMa MaMaMabl) is 90% . Reference.

- With respect to the contents sent to the president at the present end, misunderstanding will not be made even if the conditions are not met, and further consultation will be made at the corporate level on the future. If this business is displayed, and if it is possible to reach an individual qualification, it shall be consistent with positive support.

Attached Form (2)

1. Chief Director

. be a good day. ...

Fashly reporting the status of Meco MaMa Medi work progress.

1. 5/21 - Contents of Kim President monetary commitments

* I (D) Doeschan in the currency of 05 BP company registration (5/21) strongly ordered (5/21)

* at the beginning of the New Year’s Republic of Korea: I Standing Director - Kim President - Visit

* Contacting to Kim President immediately after the hosting - Ne* * Accompanying I visiting *

* The plan to complete the registration by the beginning of June in promoting the registration procedure

2. 5/22 - Contents of the visit of the Kim President at 10:0 am Kim 10:00 am

* I) One order cycle, including the purchase of servers, for six months after the registration of BP.

* At least 5 billion increase of existing construction works within this year upon the request for the order

* An undertaking to give work instructions in principle to DDR (back Group) orders within a gold year.

* Eastern Securities currently being promoted (the end of the proposal as of the end of May 1, 199 Macco Macju Macju) - O/S commitments, if any,

* In cooperation with each other large enterprises *** o/S actively introduction related to the *

* - positively review whether each request has been made for maintenance, repair, such as calles

3. Other projects.

* Korea Railroad Facilities Corporation

* Korea Railroad Corporation

* The next generation of the Daegu Bank - 50 billion won (which will be at present RFI completion, will be scheduled to publish RFP around July)

* The Incheon International Airport Corporation

* The Ministry of Land, Transport and Maritime Affairs consolidated BISD - 50 billion won (3/4 quarterly order scheduled)

* Specific because it is certain, budget, construction, etc. * Subsequent reporting

The chief director, the sent contents, and the second half of the year of reference for the operation of the company

Chairperson Kim 00

Attached Form (3)

1. Chief Director

k MaMaMaMaMa Maz v. Mere (including K side - Kim President) and regular liners with terms and conditions between companies.

After a full review, the main time of the decision is the time for the decision.

Provided, That this condition is a content that has been determined by sufficiently consulting with K, so business (days) commitments may be guaranteed at 100%, and there may be somewhat differences in the monthly achievement, but there may be no changes in the trend in the target achievement for a year (the sale means that at least 10 billion won is guaranteed for coaches Me and Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes me

* Condition of presentment*

(Basic Matters)

- Under the terms and conditions that achieve 10% of the profit in annual sales of 10 billion won (referred to as Mem Mem Ma) -

1. K side: A distribution of 30% (30 million won) of profits (the first-paid part shall be divided into two stages, and 5,000 up to May 8, and 5,000 up to June 8, and 5,000 shall be paid through Kim00, if the basic conditions are not fulfilled, Kim 00 shall be responsible for and redeemed if the basic conditions are not fulfilled. In addition, if the basic matters are carried out harmoniously, the first-paid part shall be deducted from this distribution).

2. Kim 00: A distribution of 20% (20 million won) on the profit (Provided, That 10% (10 million won) shall be paid annually, and the remainder 10% shall be paid on the basis of annual salary or quarterly installments, and the results of performance shall be reported and paid on the basis of annual salary and performance allowances. Moreover, “vehicle maintenance and operation expenses” other than annual salary and performance allowances shall be separately settled in a way of settling actual expenses, regardless of the fixed limit).

3. Disposing: distribute the profit to 50 per cent (50 million).

* Method: Profit Criteria - Company 50 per cent: Kim00 50 per cent (a summary of the above paragraphs 1, 2, 3 above)

(Separate)

- k MaMaMa MaMa MaMa MaMa MaMa Ma Ma Ma Ma Ma Ma Ma Ma Ma. and other (other business partners except Co., Ltd., Korea Railroad Corporation, and the Korea Railroad Corporation, etc.) have created sales of all projects.

1. Kim 00: 50% on the profit.

2. Disposing: 50% of the profit shall be distributed in proportion to the profits.

- Matters necessary to comply with the above conditions (i) the registration of the BP company, etc.) shall be directly supported by the Co. MaMaMa Kim President.

- In order to clarify the above commitments, we would like to make more trust by concluding a mupu between Ear and Kim 00.

- Where the above conditions are not fulfilled, all commitments shall be blank and shall be restored to their original state.

- Under the premise that there is an agreement between the above conditions, “ Kim 00” shall be established on the part of the president, in June 1, 2009, as an employment contract and shall work normally.

* The annual sales goal in separate matters (excluding Co. MaMaMa Mabll) is planned as JUST “O million” and is 80% of the possible achievement and Reference Twelves.

- The terms and conditions to be sent to the president now will be taken into account to take into account and to take into account the operating room to be achieved in the future and to take into account as soon as possible and not to be able to take advantage of the principal's consciousness. It will be time for the principal to take into account. In addition, in line with the circumstances and circumstances of the company, it will be reasonable to follow the president's decision. In addition, if there is a separate agenda, two persons will be combined with the consultation.