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(영문) 부산고등법원 2020.06.17 2019노540

뇌물수수

Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Of the judgment of the court below, it is against the text.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles is the borrowed money (total of KRW 5,841,300) that the Defendant received from E, and even if the borrowed money is not borrowed, there is a lack of business relationship or quid pro quo required for the establishment of the crime of acceptance of bribe. Nevertheless, the lower court rejected the above assertion by the Defendant, and recognized the Defendant guilty of the crime of bribery. In so doing, it erred by misapprehending the legal principles on the crime of bribery or by misapprehending the legal principles pertaining to the crime of bribery, thereby affecting the conclusion of the judgment. 2) The sentence imposed by the lower court of unfair sentencing (one hundred years of imprisonment with labor, fine of KRW 20 million, penalty of KRW 5,841,300), which

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (not guilty part against Defendant B and C), the lower court acquitted the Defendants on the grounds that it is difficult to recognize causation between deception and the act of deception and the act of disposal as well as that it is difficult to deem that there was a criminal intent to commit fraud, and that there was a criminal intent to commit fraud. In so determining, the lower court erred by misapprehending the facts or misunderstanding of legal principles pertaining to fraud, thereby adversely affecting the conclusion of the judgment. 2) (excluding the violation of the Subsidy Management Act, which is the charge against Defendant B, and the fraud, were all acquitted at the lower court) sentenced by the lower court to the Defendants (i) imprisonment with prison labor of two years, a suspended sentence of two years, a fine of two million won, a suspended sentence of imprisonment with prison labor of five,841, a suspended sentence of sentence of imprisonment with prison labor of two years, a suspended sentence of imprisonment with prison labor of two years, a suspended sentence of imprisonment with prison labor of two years, and a suspended sentence of two years, a suspended sentence of execution.