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(영문) 대전고등법원 2019.01.11 2018노430

수뢰후부정처사등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. misunderstanding of facts 1) As to the illegal act of bribery after acceptance of bribe from G and I, the defendant received a bribe from G and I, but this is not only KRW 10 million but also KRW 5 million. 2) As to the acceptance of bribe, the defendant is recognized to accept a bribe from O and X, but there is no fact that the defendant received a bribe from U.

B. Even if the defendant's act of unfair sentencing is found guilty, the sentencing of the court below (the imprisonment of one year and a fine of 40 million won, and one million won converted into one day) is excessively unreasonable.

2. Determination

A. 1) In full view of the following circumstances acknowledged by the lower court’s judgment and the first instance court’s duly admitted and investigated evidence, it can be acknowledged that the Defendant received a bribe of KRW 10 million in cash from G and I with respect to his duties. Accordingly, the Defendant’s above assertion is not accepted. A) At an investigative agency, I first asked the Defendant at first time through the introduction of Gman G on June 2016, and expressed that “I would not give money to a person with influence in order to ensure the smooth progress of the Corporation in connection with the model voucher business, and I would like to give money to the Defendant in order for him to smoothly implement the Corporation’s model voucher business, and I would like to give money to him to the Defendant and deliver the money to him, the situation at the time of delivery of the money to the Defendant, and what response the Defendant would have been given to the Defendant’s receipt of money, and I would like to sufficiently believe that the Defendant received KRW 5 million from the Defendant through inspection by the Office for Government Policy Coordination.

G is discovered after the defendant was inspected by the Office for Government Policy Coordination.