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(영문) 서울고등법원 2017.09.27 2017노1309

뇌물수수등

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be sentenced to a fine of KRW 30,000,000 for one year and six months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles) The charge of acceptance of bribe related to phishing investment is that the Defendant introduced N in the business (e.g., Libers, website advertisements, etc.) from B upon request by the Defendant and introduced N in the business (e.g., Libers, website advertisements, etc.) and did not intend to invest in the phishing business or receive the distribution of profits.

Even if the Defendant agreed to distribute the proceeds of the licensing with N, the offer of opportunities to invest in the licensing is not related to the Defendant’s duty.

B did not proceed to the phishing crime, so the defendant was not given an opportunity to participate in the speculative project.

B) There is no fact that the Defendant promised from I to undergo interior decoration work.

Indoor decorations received by the defendant are not related to the duties of the defendant.

Since the value of a bribe received by a defendant should be calculated as an objective value of an interior decoration, the cost of interior decoration construction work cost of KRW 13.4 million cannot be said to be the amount of bribery.

C) Although the Defendant had been informed of the crime of Bosing from B on February 2015, 2015, the Defendant did not proceed with the instant case on the ground that he did not have any victim or evidence, despite the fact that he had been aware of the crime of Bosing since 2012.

around June 2015, 2015, B and H knew that the commission was conducted at the public office of the public office of the head of Daepo Tong operated by B and H, but R did not do so.

The investigation was not conducted with knowledge that it was from February 2, 2014 to May 2014.

On September 2015, the Defendant came to know of the fact that L, etc. was involved in the phishing crime, but was an important assistant, the Defendant finally tried to deal with and take a new disease at the last stage of the investigation.

Even if the defendant did not initiate or proceed with the investigation of B, H, and I, active cooperation and future criminal intelligence are provided in the investigation in progress.