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(영문) 서울고등법원 2018.05.17 2017노2992

뇌물수수

Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal: The part of the charge charge charge charge amounting to KRW 7-3 million on September 5, 2014 among the charge charge charge charge charge amounting to KRW 7-3 million among the charge charge charge charge charge charge charge amounting to Defendant A and Defendant A B from Defendant A and Defendant B to Defendant A, the charge charge amounting to KRW 3 million from the charge charge amounting to KRW 7-3 million.

Therefore, it is difficult to believe the legal statement of B, which is contrary to this, as it is.

C Acceptance of bribe from C: The gift certificates of KRW 500,000,000,000,000,000,000 received from 6 parts C at the net time of crime, are merely a private case, and there is no relation to the defendant's duties.

The prosecutor: The written statement of the defendant B and the written protocol of the second interrogation of the prosecutor's office on the charge of bribery between the defendant A and the defendant B, which is the first 4 to 10 (the last 7,00,000 won) among the bribery bribery between the defendant A and the defendant B, shall be admissible as evidence, and if the written statement of the defendant A and the written protocol of the interrogation of the suspect for the second prosecutor's office are unique, it may be admitted to this part of the facts charged.

Defendant

Among the acceptance of bribe between A and Defendant C, it is difficult to believe that the respective legal statements of Defendant A and Defendant C are not in good faith.

Defendant

According to the statements of the investigation agency of A and Defendant C, this part of the facts charged can be recognized.

Sentencing : The punishment imposed by the court below on Defendant A (the imprisonment of August and the suspension of the execution of two years, the fine of KRW 15 million, the surcharge of KRW 7.5 million), Defendant B (the fine of KRW 1.5 million), Defendant C (the fine of KRW 8 million) and Defendant C (the fine of KRW 800,000) is too unfeasible.

Judgment

Defendant

The lower court on the part of the charge charge amounting to KRW 7-3 million in the net time of the crime sight list (1) and 7-7-3 million in the case of acceptance of bribe from A, among the facts that were found to be true in the judgment of the lower court, < Amended by Presidential Decree No. 2010, Sep. 5, 2014; Presidential Decree No. 20211, Sep. 2, 2014>