beta
(영문) 서울고등법원 2012.12.13 2012노3225

특정범죄가중처벌등에관한법률위반(뇌물)

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Examining the reasoning of the lower judgment regarding the prosecutor’s grounds for appeal in light of the records, we affirm the lower court’s finding the Defendants not guilty on the grounds that there is no proof of crime as to the facts charged in the instant case, and there is no error of mistake of facts, such as the assertion of the grounds for appeal.

[In particular, the following circumstances acknowledged by the records of this case, i.e., B (small wife A) withdrawn 52 million won in total from the new bank account he managed on March 14, 2007, including 10 million won cashier's checks, 12 million won in cash, and 2nd 487 pages of evidence records. 2nd 487, Defendant B stated that he had been able to perform the above cashier's checks. 3rd 481 of evidence records on the 2nd 40th 4.3rd 481 of evidence records that he stated that he had been able to perform the above tasks, and that he had been able to perform the above tasks, i.e., e., Defendant A's 50 million won in total, i., e., B's 90 million won in order to pay back the above 50 million won in the above 40th son's account.