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(영문) 대구고등법원 2016.05.03 2016노61

특정범죄가중처벌등에관한법률위반(뇌물)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles, the Defendant only received not only KRW 15 million but also KRW 10 million from F on January 28, 2014.

F The F has been in custody of 10 million won and on its own account withdrawn from the account;

It was delivered to the defendant by adding 5 million won to

Although he makes a statement, he is unable to disclose the source of KRW 5 million in cash, and he was in custody of a large amount of KRW 5 million in cash on a motor vehicle in accordance with the rule of experience is difficult to believe in the motor vehicle, and there is no objective evidence to support the above statement.

Therefore, among the facts charged of this case, the above five million won portion among the facts charged of this case was proved to the extent that there is no reasonable doubt.

subsection (b) of this section.

B) The part of the instant violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) requires that “the amount of the accepted bribery is at least KRW 30 million” of a person who committed an “crime stipulated in Article 129, 130, or 132 of the Criminal Act” is a requirement to constitute “the amount of the accepted bribery is at least KRW 30 million.” In the following respect, the said crime cannot be established.

① 피고인은 돈을 받기 이전인 2013. 12. 26. C 군청 건설과 과장직에서 퇴임하였고, 2014. 1. 24. 사토장( 捨土場 )으로 쓸 버섯 재배 사에 대한 건축허가에 관한 심의도 통과되었으며, F 역시 원심 법정에 증인으로 출석하여 인허가와 관련된 사람들에게 인사치례를 하기 위해 이전부터 알고 지내던 피고인에게 돈을 건네었다고 진술하였다.

Therefore, it is not supported by the defendant's assertion that the defendant accepted KRW 10 million from F on January 28, 2014 (or as seen earlier, the defendant accepted KRW 10 million.

If the receipt of 15 million won is intended to deliver it to the public official in charge of the authorizing and permitting affairs, this part of the act constitutes not a crime of accepting a bribe under Article 129(1) of the Criminal Act, but a crime of acquiring a bribe by a third party under Article 133(2) of the Criminal Act.

Therefore, the whole crime of the defendant is 27 million won.