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(영문) 부산고등법원 2018.06.14 2017노474

특정경제범죄가중처벌등에관한법률위반(수재등)등

Text

All the judgment below is reversed.

Defendant

A Imprisonment of two years and six months, Defendant B’s imprisonment with prison labor for one year, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (A) The part of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Evidence, etc.) in the judgment of the court below was known through S as a normal fee for the issuance of a letter of loan undertaking, and the Defendant paid KRW 150 million to A.

Since the defendant did not have the intention to provide money or valuables in relation to the A's duties, which is an employee of a financial company, the defendant cannot be recognized as a criminal defendant.

B) The Defendant did not know that the part of the crime of violation of the Punishment of Violences, etc. Act (joint residence intrusion) in the lower judgment was installed outside the fourth floor of the R Building (hereinafter “instant building”) with locking devices and a notice of prohibition of entry and exit.

The AL of the victim T (hereinafter referred to as "victim T") did not have access to the defendant.

It is impossible to recognize the criminal intent of intrusion upon residence of the accused.

C) The part AJ on the violation of the Punishment of Violences, etc. Act (damage to joint property) in the holding of the court below was found to have taken the locking device from the door in the court of the court below.

was stated.

Since the defendant did not participate in it, the defendant cannot be recognized as having committed an offense or conspiracy for damage to property.

D) Although the Defendant newly installed a locking device on the 3 to 5th floor of the instant building, the employees of the victimized company could freely have access to the premises by opening an entrance.

There is no need to inform the password of the employees of the victimized company, and there was no interference with the management of the building of the victimized company because they did not interfere with the access to the building.

2) The prosecutor [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the evidence, etc.) with respect to Defendant A who was found not guilty of part of the judgment below] ① Defendant B requested to lend KRW 9 billion at the time of his prosecutorial investigation on March 22, 2016, and only KRW 150 million in return.