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The guilty part of the judgment of the court below and the charge of acceptance of bribe shall be reversed.
The defendant shall be punished by imprisonment with prison labor for not less than ten months and.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) When Defendant 1 received KRW 5 million from I, the F Team working for the Defendant was a department unrelated to I’s supply, and I made an illegal solicitation. The F Team made an illegal solicitation.
In light of the fact that the Defendant did not receive money or valuables in connection with illegal solicitation, the lower court found the Defendant guilty of this part of the facts charged, although the Defendant did not receive money or valuables in relation to illegal solicitation. In so doing, the lower court erred by misapprehending the legal doctrine, thereby affecting
(2) In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (one hundred years of imprisonment and three years of suspended execution, etc.) is too unreasonable.
B. The prosecutor (1) misunderstanding of facts (A) - even if the defendant was a senior high school of K and had a money transaction between the defendant and K several times, there is no objective evidence in addition to the defendant's statement as to whether the defendant partially returned the money received from K in the form of account transfer, and it corresponds to the common sense that the defendant is the representative of the company that supplies the materials to the department where he works, and it is not possible to demand K to directly and explicitly request the money. Since K did not set the due date and interest at the time of the delivery of the money, and the defendant stated that he was expected to have been able to assist in the future, the court below acquitted the defendant of this part of the facts charged, even though it can be sufficiently recognized that the defendant received money and valuables in return for illegal solicitation related to the provision of convenience in the future, etc., which affected the conclusion of the judgment.
(B) the point of acceptance of bribe.