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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (two years of imprisonment, additional collection KRW 300 million) against Defendant A (unfair sentencing) is too unreasonable.
B. A prosecutor (Defendant B): misunderstanding the facts: (a) the Defendant implicitly consented to the issuance of money from the victim G by illegal means; (2) if the Defendant did not conspired with A, there is no reason to receive KRW 150 million from A; (3) the Defendant knowingly received the money from the damaged person for the purpose of internal investigation by the prosecution; (4) the victim’s statement on the part of the Defendant’s participation is not reliable; and (5) the Defendant was punished as a crime of the crime of this case of the crime of this case of this case of the crime of this case of the crime of this case of the crime of this case of the crime of this case of the crime of this case of the crime of this case of the crime of this case, the Defendant could fully recognize the fact that the Defendant acquired KRW 300 million from the damaged person under the pretext of solicitation to the prosecution.
Nevertheless, the lower court erred by misapprehending the fact that the lower court acquitted the Defendant of the facts charged in the instant case.
2. Determination as to the prosecutor's assertion of mistake of facts
(a) No person who outlines the facts charged shall receive or promise to receive money and valuables, etc. under the pretext of solicitation or arrangement with respect to the cases or affairs handled by the public officials;
The Defendant and A, a financial director of the F Co., Ltd. (hereinafter “F”), was investigated by the Financial Supervisory Service by the Victim G, a financial director of the F Co., Ltd. (hereinafter “F”), under the suspicion of decentralization accounting and the market price operation using internal information, etc., the Defendant and A received money from the Defendant and A under the pretext of deceiving the victim as if he were in the process of internal investigation, and making it possible to divide it into money under the pretext of inducing the victim to the prosecution, etc
A around November 2013, at the office of the F representative director in the fifth floor of H building in Yeongdeungpo-gu Seoul Metropolitan Government, and “Defendant.”