Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (as to the golf connection set forth in the annexed Table Nos. 1, 2, and 4) (as to the annexed Table Nos. 1, 2, and 4), the golf travel in the annexed table Nos. 1, 2, and 4 was merely a kind of friendship, and in the process, the Defendant did not receive referral or solicitation from K in relation to the increase in the village bus route of K Co., Ltd. I (hereinafter “I”) and the suspension of the entry into the routes of competition companies.

Nevertheless, the Defendant received the above golf contact from K in return for the solicitation of public officials in F.

In so determining, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.

2) In light of the fact that the illegal criminal defendant did not actively demand money or goods, did not proceed to solicitation or intermediation for public officials, did not go against his/her mistake through the prison life, and paid the surcharge of KRW 26 million, and paid the surcharge of KRW 26 million on July 6, 2016 to AS Co., Ltd. (hereinafter “AS”) on July 6, 2016 after the commencement of the investigation, and returned or is scheduled to return the profits acquired in the instant case, such as full repayment of the loan principal and interest of KRW 102,457,066, etc., the sentence of the court below (a punishment of imprisonment for 10 months, additional collection of KRW 26 million) is too unreasonable.

B. Prosecutor 1) In misunderstanding the facts and misapprehension of the legal principles (as to KRW 100 million on April 14, 2015), Defendant 1 was unable to refuse Defendant’s request on the ground that it is necessary to maintain the exclusive status of L station bus routes because F city traffic roads and the village bus restructuring scheme of the bus administration team was circumvented.

Since the form of loan transaction has been lent from K to KRW 100 million, the amount of KRW 100 million itself is the amount of good offices.

Nevertheless, since the above KRW 100 million was received on the premise of the return, the judgment of the court below that the KRW 100 million itself does not constitute the consideration for the acceptance of good offices, there is an error of misunderstanding of facts

2) The criminal defendant committed an unfair sentencing with the head of the current local government.