가.특정범죄가중처벌등에관한법률위반(뇌물)·나.뇌물수수·다.범죄수익은닉의규제및처벌등에관한법률위반·라.뇌물공여
Do 2017 Do 17213 A. Violation of the Act on Punishment, etc. of Specific Crimes (Bribery)
(b) Acceptance of bribe;
C. Violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds
(d) Offering a bribe;
1. (a). (b)
A
2. D.
B
Defendant 1
Law Firm C (for Defendant A)
Attorney BV, CJ, D, CK, CL, CM, CN, CO, E
BW, a legal entity (for defendant B),
Attorney BX, CP, BY
Busan High Court Decision 2017No256 decided September 28, 2017
January 24, 2018
all appeals shall be dismissed.
The grounds of appeal (the grounds of appeal by Defendant A, which was submitted after the lapse of the period for submitting a statement of grounds of appeal, are within the scope of supplement to the grounds of appeal).
Examining the evidence duly adopted and examined by the first instance court and the lower court’s judgment, it is reasonable to determine that the instant facts charged against Defendant A were found guilty of violation of the Act on the Punishment, etc. of Specific Crimes (excluding the part of innocence) among the facts charged against Defendant A on the grounds as indicated in the judgment of the lower court on the grounds as indicated in the reasoning of the lower judgment, and that the instant facts charged against Defendant B (excluding the part of innocence) were found guilty of violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds (excluding the part of innocence) and Defendant B on the charge of violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds. There is no error of misapprehending the legal principles on unjust solicitation, bribe, amount of bribe, comprehensive crime, etc. in the crime of receiving a third party bribe and the crime of offering a third party bribe.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Min You-sook
Justices Kim Chang-suk
Justices Jo Hee-de
Justices Kim Jae-hyung