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(영문) 부산고등법원 2018.09.12 2018노248

뇌물수수

Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B A person shall be punished by imprisonment for not less than one year and two months.

Defendant

B. ..

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s misunderstanding of fact (hereinafter “Defendant A1”) regarding acceptance of bribe around 2012, the amount of KRW 2 million transferred to Defendant A under the name of the head of the Tong was received as the principal repayment, and the amount of KRW 1 million was received before Defendant A received as the repayment for the amount lent to Defendant B, and the amount of KRW 3,000,000 as the repayment for the money borrowed by Defendant A prior to the date indicated in the facts charged does not receive KRW 5,00,000 for the purpose of resolving the

② With respect to the acceptance of bribe around 2013, Defendant A did not receive two million won, as stated in the facts charged, from Defendant B.

③ As to the acceptance of bribe around 2015, Defendant A merely borrowed KRW 10 million from Defendant B, but does not accept a bribe in relation to the solicitation of change in the name of the F owner.

2) Improper sentencing of the lower court (a year of imprisonment and a fine of KRW 20 million) is too unreasonable.

B. As to Defendant B1’s mistake of facts or misapprehension of legal principles, ① issuance of bribe around 2012, the money that Defendant B delivered to Defendant A is not the money paid under the pretext of civil petition resolution.

Some of the money (30 million won) is paid as a principal repayment.

② As to the delivery of a bribe in around 2013, Defendant B did not provide Defendant A with two million won as stated in the facts charged.

③ As to the delivery of a bribe in around September 2015, the application for change of the F owner’s name was already returned on September 1, 2015, Defendant B had no motive to deliver a bribe to Defendant A for change of the owner’s name.

Permission to change the name of the owner shall not be considered as a bribe because it is not related to the duties of Defendant A who is a cause of the D Council.

④ As to the event of the above investigation document and attempted fraud, Defendant B did not deliver to the attorney’s office a forged written agreement.

Defendant

Since the issue of settlement related to the construction of F remains between B and K, the change in the name of the owner that Defendant B raised by the K side.