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(영문) 서울고등법원 2014.02.07 2013노3325

특정범죄가중처벌등에관한법률위반(뇌물)

Text

The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B and C shall be punished by imprisonment for one year.

(b).

Reasons

Summary of Grounds for Appeal

The supplemental appellate brief shall be considered to the extent of supplement in case of supplemental appellate briefs not timely filed.

Defendant

A misunderstanding of facts or misunderstanding of legal principles that Defendant received KRW 610,000,000,000,000,000,000,000,000 from D, other than a physical card that can withdraw 50,20,000,000,000 from D’s account in the above name of the National Bank is received and kept for the purpose of delivering political funds to the Cheongju market. Since Defendant does not receive it for the purpose of acquiring it, Article 133(2) of the

The punishment imposed by the court below on the defendant (the punishment of nine years of imprisonment, fine of seven hundred million won, additional collection of KRW 660 million) is too unreasonable.

Defendant

B and C The punishment sentenced by the court below to the Defendants (two years of imprisonment) is too unreasonable.

Judgment

The following facts are acknowledged according to the facts admitted by the court below and the evidence duly admitted by the court below as to the argument of mistake and misapprehension of legal principles.

① Around October 2010, 2010, D made a proposal to change half of the service costs to be received from the Defendant to the Cheongju-si in consultation with the Cheongju-si, upon receiving the request of the Defendant to find a method by which the instant V could be sold at a high price at the time of Cheongju-si. Around October 2010, D stated that the Defendant, while carrying out an occupation-oriented demonstration with the Defendant at the “AH” restaurant located in front of X, and that the Defendant would be able to smoothly carry out the sale of the instant V to the Cheongju-si.

② Around November 2, 2010, D listens to the horses of requesting advance payment from the Defendant before the sale of the instant V, and stated it to the upper Defendant, and thereafter deposited KRW 60 million from the above Defendant C to the account around November 12, 2010, KRW 40 million through Z around November 18, 201, and KRW 200 million in cash from the Defendant at around December 2, 12.