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(영문) 부산고등법원 2017.12.14 2017노389

알선뇌물수수

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, misunderstanding of facts or misunderstanding of legal principles (the acceptance of bribe to Defendant A, who was acquitted at the court below, and the violation of the Political Funds Act), although Defendant A received a request as stated in this part of the facts charged from P and received cash 10 million won in the name of the case expenses, taking advantage of his status as a member of the National Assembly to accept a bribe as to the referral of matters belonging to other public officials, and at the same time, accepted a contribution of political funds in a manner that is not provided for in the Political Funds Act, the court below accepted Defendant A’s persuasive defense and the statement without credibility and found Defendant B not guilty of all the facts charged, which affected the conclusion of the judgment by misunderstanding of facts.

B. The sentence sentenced by the lower court against Defendant B and C (Defendant B: fine of KRW 2 million; fine of KRW 2 million; fine of KRW 2 million, etc.) is too uneased and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, Defendant A, the summary of the public prosecution room, served as the 19th National Assembly member of N local constituency from May 2012 to May 2016, and is currently serving as the 20th National Assembly member of N local constituency from May 2016 to May 2016.

Defendant

On July 30, 2015, A received a request from R and AF P, the actual representative of R and AF, to the effect that “a request is made to obtain final approval, etc. in connection with AG-owned waters reclamation business by exercising influence on the P and P public officials of the Ministry of Land, Infrastructure and Transport,” and received KRW 10 million in cash as the case expenses.

As a result, Defendant A received a bribe with respect to arranging matters belonging to the duties of other public officials by taking advantage of his status, and at the same time received a contribution of political funds by means not provided for in political funds law

2) The lower court’s judgment.