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1. The part of the lower judgment against the Defendant (including the part not guilty of the grounds) shall be reversed.
. against the Defendant.
Reasons
1. Summary of grounds for appeal;
A. Although the lower court found that Defendant C conspired with Defendant A to offer a bribe equivalent to the financial gains on the loan to Defendant A, the lower court determined that there was no conspiracy by mistake of the facts, and found Defendant C not guilty of the part concerning the offering of the bribe to Defendant C, B, and the part concerning the offering of the bribe to Defendant A (in the case of Defendant A and B, the part concerning the offering of the bribe to Defendant C, which was premised on the presumption that Defendant C offered a bribe with Defendant B, and the part concerning the offering of the bribe to Defendant A, was found not guilty (in the case of Defendant A and B, the part concerning the non-guilty of the reasons).
B. The lower court’s sentence against Defendant B and D is too unreasonable.
2. We examine ex officio determination.
A court shall not render a judgment unless a public prosecutor raises a public prosecution in accordance with the principle of unfavorableness, and the court shall render a judgment to the extent that the public prosecutor raises a public prosecution.
According to the indictment as of November 18, 2016 and the statement of the application for permission to amend the bill of indictment as of December 13, 2016 and the statement of the inspection of this court on the inspection of this court, the prosecutor: (a) with respect to the facts constituting the crime of the crime of the lower court as to Defendant A by the first instance court against Defendant A, Defendant A received KRW 180,750,000 from the time the amount was remitted to October 19, 2016 as a bribe and received KRW 1,00,000 from the time the amount was remitted to KRW 52,250,000 from the time the amount was remitted to October 19, 2016; and (b) Defendant B transferred KRW 1,000,000 from the time the amount was remitted to KRW 1,000,000 to KRW 52,250,000 from the time the amount was remitted to KRW 160,016.