알선뇌물수수등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Although the Defendant obtained and used the corporate card under the name of S from the representative director of S Co., Ltd. (hereinafter “S”), the Defendant used the revolving expenses equivalent to the total amount of KRW 14,175,00,00 among them. As such, the Defendant cannot be deemed to have received a bribe in relation to his duties or good offices, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the legal doctrine or by misapprehending the legal doctrine.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, fine of KRW 100 million, additional collection of KRW 49,574,907) is too unreasonable.
2. Determination
A. According to the evidence and records duly adopted and examined by the court below and the court below on the assertion of misunderstanding of facts or misunderstanding of legal principles, the defendant is allowed to freely use S’s corporate card after obtaining it from B and continuously possessing it.
As such, as long as the defendant who has been granted the comprehensive use authority in advance continues to use the corporate card held by him/her based on his/her authority, some of the particulars used for the issuer's side during the use of the corporate card are used.
Even if it is reasonable to see that the part is also a bribe received by the defendant.
D. Therefore, the lower court’s finding the Defendant guilty of all the charges of this case is justifiable, and the lower judgment did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, and thus, the Defendant’
B. Although the Defendant’s judgment on the assertion of unreasonable sentencing is considered to have made a confession and reflect on the instant crime on behalf of the Defendant, and the Defendant already deposited the amount equivalent to the additionally collected amount, the crime of bribery, etc. is general regarding integrity in the public service society and fairness in the performance of public official’s duties.