특정범죄가중처벌등에관한법률위반(뇌물)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of three years and a fine of fifty million won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The Defendant alleged that there was an error of misunderstanding of facts and misunderstanding of legal principles as to the violation of the law of defense from October 12, 2017’s written opinion from October 12, 2017. However, this cannot be a legitimate ground for appeal as it was filed after the lapse of the period for filing an appeal.
The Defendant was engaged in redevelopment projects to oppose the Emergency Countermeasure Committee (hereinafter referred to as “Non-Subrogation”), and did not intend to receive money in return for the selection of collaborative companies B, and did not perform functional control over a functional act through substantial contribution by excluding it from the process of giving and receiving money.
Since the Defendant received money from B and delivered it to BO, BP, and Q, there was no intention of acquisition.
B. The sentence of the lower court that is unfair in sentencing (one year of imprisonment and a fine of 50 million won) is too unreasonable.
2. Determination
A. Determination on the misunderstanding of the relevant legal principles and the misapprehension of the legal principles does not require any legal punishment in a co-offender relationship that is jointly processed for a crime. If two or more persons jointly processed a crime and intend to realize a crime, a public offering relationship is established (see Supreme Court Decision 2011Do9721, Dec. 22, 2011, etc.). There is an express or implicit public offering relationship between the accomplices to receive money and other valuables or benefits in relation to their duties, and if one of the accomplices received money and other valuables or benefits in accordance with the contents of the public offering, barring any special circumstance, such as where the receipt of money and other valuables or benefits was made in advance during the public offering, a joint principal offender for the crime of receiving money and other valuables or benefits received, and a prior communication is made with respect to the amount and degree of money and other benefits to be received.