특정범죄가중처벌등에관한법률위반(뇌물)
All appeals filed by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles (Defendant A B, D, and E withdraw all of the allegations of misunderstanding of facts and misapprehension of legal principles on the fifth trial date in the trial of the court below)
1) With respect to the part on acceptance of bribe of KRW 90 million, Defendant A merely borrowed KRW 90 million from P through R and did not receive it as a bribe and did not have any intention to accept the bribe.
2) In relation to the part on acceptance of bribe amounting to KRW 100 million, Defendant A did not receive KRW 50 million from Defendant D around April 2010, and Defendant A received KRW 50 million from Defendant D around June 2010, but the said money was provided for services regarding resettlement business, etc., and Defendant A did not receive KRW 100 million as a bribe, and there was no intention to accept the bribe.
B. A child's business related to the selection of the contractor is only the business of the reconstruction association, and it is not the business of the defendant A, so there is no job-related nature.
B. Sentencing 1) The sentence imposed by the lower court on the Defendants (a punishment of Defendant A, a fine of KRW 190 million, a surcharge of KRW 190 million, a surcharge of KRW 190 million, Defendant B’s imprisonment, two years of suspended execution in June, C’s imprisonment, two years of suspended execution in August, and Defendant DE’s imprisonment, two years of suspended execution in one year of suspended execution in one year, and a surcharge of KRW 10 million) are too unreasonable.
2) The sentence imposed by the prosecutor on Defendant A is too unfased and unreasonable.
2. Determination
A. As to Defendant A’s assertion of mistake of facts and misapprehension of legal principles, the term “duty” in the crime of bribery includes not only a public official’s duty under the law, but also an act closely related to his/her duty, or an act of assisting or affecting a person with customs or practical control, or an act of assisting or affecting a person with decision-making authority, and even a public official, such as a public official’s duty under the law, who is in charge or is not actually in charge of duties other than duties in the past, shall take charge of duties according to his/her position.