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(영문) 서울고등법원 2013.10.11 2013노1613

뇌물수수등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. On April 28, 2010, the Defendant’s assertion of mistake of the facts against the bribe stated “the time period during which the Defendant used the card” on the first page of the statement of reasons for appeal submitted on July 30, 2013. However, considering the Defendant’s intent of oral argument at the lower court, considering the purport of the Defendant’s oral argument, it is corrected as it appears to be “the time period during which theM used the card.” Since there is inconsistency with M and N’s legal statement in light of the time period during which the card was used, each of the above statements is without credibility. Nevertheless, there is no error of misunderstanding of facts in the judgment of the lower court recognizing that the Defendant received a bribe on the basis of the above statement. 2) On May 25, 2010, the Defendant’s demand for a bribe was made only by sending a text message to the effect that it is different from what the Defendant can purchase golf bonds at a low price.

3) On July 17, 2010, M’s statement on this part of the receipt of bribe was not consistent and thus, it is not reliable, and there was no evidence to acknowledge the guilty of this part of the facts charged. Nevertheless, since the lower court found the Defendant guilty of this part of the facts charged, the lower court erred by misunderstanding of facts. (4) On July 19, 2010, the Defendant merely sent a text message to the effect that it is possible to purchase golf bonds at a low level, and that it does not demand a bribe.

5 Around July 19, 2010, the Defendant did not receive any entertainment, such as drinking and sexual intercourse, from M, on the date and time stated in the facts charged.

According to the use of the Defendant’s card, the Defendant’s Albane can be confirmed.

In light of the circumstances that S has been present as a witness during the trial of the lower court, the lower court did not have credibility in the S’s statement.