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Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding the fact that Defendant A gave Defendant B the intent of the directors to the candidates in relation to the election of a union executive director, and Defendant A gave KRW 100,000 to the meal expenses. Defendant A did not provide money to Defendant B for the purpose of recommending him as a candidate for a standing director.
2) The sentence of the lower court (an amount of KRW 2 million, additional collection) that is unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence (Defendant A: a fine of KRW 2 million, additional collection, Defendant B: a fine of KRW 500,000) is too uneased and unreasonable.
2. In light of the following circumstances acknowledged by the court below's duly admitted and investigated evidence, the court below's finding Defendant A guilty of the facts charged of this case is just and it is sufficiently recognized that Defendant A recommended himself as a candidate in relation to the election of a standing director of the cooperative C as stated in the facts charged in the judgment of the court below and requested the personnel recommendation committee to provide support so that he can be recommended as a candidate for the standing director. Thus, the judgment of the court below which found Defendant A guilty of the facts charged of this case is justified, and there is no error of law by
Therefore, Defendant A’s assertion of mistake is without merit.
① On August 9, 2019, the police officer of the Gyeongnam Police Station confirmed Defendant A’s intelligence in order to receive an investigation of the instant crime and verify the contents thereof. At the time, Defendant A considered that “B had been aided,” and that B had no speech.
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the following day, and the following day shall be deemed to have been paid money.
The answer was made to the purport that the money was returned.
② Defendant B, who was investigated by the police on August 9, 2019, recommended himself as a standing director by “A”.