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(영문) 대전고등법원 2015.07.24 2015노46

수뢰후부정처사등

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment for four years and by a fine of 5,00,000 won.

Reasons

Judgment on the Grounds for Appeal

A. The summary of the grounds of appeal 1) misunderstanding of facts or misunderstanding of legal principles as to the facts charged of bribery in the initial statement of grounds of appeal. However, the Defendant withdrawn his claim on the remainder of the facts charged except for the first claim (AD) of the crime No. 1 in the judgment of the court of first instance on the date of the trial of the court of first instance, and again withdrawn his claim on this part by recognizing all the ancillary facts charged on the fifth day of the trial of the court of first instance.

(1) On frauds: There is no falsity, nor is there any intention to commit fraud.

(2) Regarding the acceptance of bribe: The entire amount received by the defendant cannot be deemed as a bribe.

B) The lower court’s sentence of unreasonable sentencing (five years of imprisonment and fine of 55,00,000 won) is too unreasonable and unreasonable. (2) The lower court omitted a fine to be imposed concurrently on the crime of acceptance of bribe, etc. by misapprehending the legal doctrine, which is necessary. (b) The lower court’s sentence is too unreasonable and unreasonable.

B. Determination 1) On the fraud of the Defendant’s mistake or misunderstanding of legal principles (i.e., whether the act was committed or not and the intent to commit the fraud) (i) the lower court acknowledged by the evidence as indicated in its reasoning, i.e., the Defendant was in a situation in which it was impossible to think of the repayment of the borrowed money due to retirement allowance or asset mortgage loan under his name, etc., due to the relationship with his wife, and the Defendant was in excess of KRW 100 million as its stocks from around 2004 to 2014, and was prevented from returning his obligation since 2011, only with the official data of the financial institution as of July 2014, the Defendant was in arrears with approximately KRW 40 million, and there was a loan of KRW 90 million from the victims, and the Defendant was urgent due to drinking alcohol, traffic accident, medical expenses, living expenses, etc. to the victims.