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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor, such as mistake of facts, the court below found that the amount of KRW 30 million deposited into the account in P name constitutes money and valuables received under the pretext of solicitation for the duties handled by a person deemed as a public official. However, the court below acquitted the Defendant of this part of the facts charged. The court below erred by misapprehending the legal principles or misapprehending the legal principles.
B. The sentence of the lower court’s improper sentencing is too uneasible.
2. Determination
A. A. On June 20, 2013, the Defendant: (a) around June 20, 2013, the summary of the facts charged in this part of the facts charged: (b) at an authorized intermediary office of “E” located in the Namnam-gun, and (c) at the office of “E”, the F (representative representative G) wished to purchase the site located in “E” in the Namnam-gun in order to carry out solar power generation business, such as the construction and operation of solar power generation facilities; (d) in order to operate the solar power generation business, the Defendant requested the said G to secure the capacity of DL through the K, who is in close relation with the Defendant, and to resolve community civil petitions, as well as purchase of the site and secure the power line (dL) of the Korea Electricity Corporation in order to operate the solar power generation business.
Accordingly, on September 10, 2013, the Defendant received KRW 30 million from G to the Agricultural Cooperative Account (AB) in the name of the village P in which the above salt farm site was located.
Accordingly, the defendant received money and valuables under the pretext of solicitation for the affairs handled by a person who is deemed a public official.
2) The lower court’s determination did not have any evidence to acknowledge that the Defendant was paid KRW 30 million on September 10, 2013 on the pretext of solicitation for the affairs handled by a public official or a person deemed a public official. Rather, according to N’s statement, N’s KRW 30 million on September 10, 2013 is required for the resolution of civil petitions, such as the consent of residents, by N to P or Q side.