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(영문) 서울중앙지방법원 2016.06.01 2015가합25216

손해배상(기)

Text

1. The claims of the plaintiff (appointed party) and the designated parties are dismissed, respectively.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. On June 13, 2002, the Plaintiff is a person who won E in a nationwide local election and worked as a member of the administrative autonomy committee of E, the Special Committee on Budget and Accounts, and the Special Committee on Budget and Accounts.

B. 1) On March 29, 2006, the Plaintiff was arrested by a public official on charges of bribery, etc. at his election office located in F, and was charged with violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) with the Seoul Southern District Court. 2) The summary of the facts charged is as follows: ① the Plaintiff consented to the Plaintiff’s acceptance of the deceased’s forest land from the G G G on December 19, 2003 in the Hgu office with an intention to receive it from the Hgu office; ② the Hgu office had the Plaintiff receive a bribe of KRW 220 million with respect to his duties; ② the Plaintiff received a bribe of KRW 20 million with respect to his duties by receiving the honorarium from I; ② Notwithstanding the fact that the Plaintiff received a bribe of KRW 220 million from I,00,000,000,000,000 from I, the Plaintiff made a false accusation by submitting it to the investigative agency for the purpose of having the Plaintiff receive criminal punishment.

C. 1) On November 19, 2006, the Plaintiff appealed to the Seoul Southern District Court Decision 2006Kahap120, etc. on the grounds that all of the facts charged were found guilty, and the Plaintiff was sentenced to imprisonment with prison labor for 6 years and a surcharge of 220 million won. 2) The Plaintiff appealed. The Plaintiff did not have any material material to support the above facts charged in Seoul High Court Decision 2006No2696, May 11, 2007, which was the appellate court on May 11, 2007, there was no material to support the above facts charged, and I’s statement is not reliable, and the remaining evidence is insufficient as evidence of guilt or there is no value of evidence.

On May 14, 2009, the prosecutor's appeal was dismissed, and the judgment of innocence became final and conclusive.

The plaintiff on May 17, 2010 Seoul High Court.