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(영문) 부산고등법원 2021.02.04 2020노415

뇌물수수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years and by a fine of fifty thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and legal principles 1) The Defendant denied the receipt of a part of a bribe by misunderstanding of the fact that he received a bribe from I only received cash in the name of B women's grandchildren [Attachment 2 of the List of Offenses in the judgment below] and the name of rice, rice, and rice, and did not receive cash as stated in the facts charged.

2) In light of the fact that I’s statement or I’s pocket book is insufficient to credibility, as stated in the facts charged, that I was dissatisfied with the objective circumstances confirmed in the amount, method, name, etc. of a bribe offering, or that I’s statement on the pretext, etc. is inconsistent with the objective circumstances confirmed through construction estimates or financial transaction data, etc., it is difficult to credibility of I’s statement that I offered a bribe to the Defendant as stated in the facts charged.

B) In the case of an I’s pocket book in which the amount of money delivered to the Defendant on each day indicated in the facts charged and the indication indicating the Defendant together, it is difficult to use the foregoing pocket book as it is, in light of the following: (a) there is an error acknowledged by the I himself; (b) it is not consistent with the indication of the Defendant; and (c) it is not possible to exclude the possibility that the said pocket book will be written or revised after the I’

C) In particular, according to the part on which the Defendant received a bribe by receiving a passbook and a card in the name of Q from I [the number Nos. 7, 8, and 9 in the annexed list of crimes (1) of the judgment below] of the court below, since around June 24, 2013, the KRW 1 million deposited in the above passbook was deposited directly by using the passbook or card, it is clear that I, other than the defendant, held the passbook or card in the name of Q around June 24, 2013, and therefore, I deposits money in the above passbook when the Defendant received a passbook and a card in the name of Q from I. Accordingly, it is evident that Q had been held by Q from June 24, 2013.