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(영문) 서울고등법원 2019.05.09 2018노3294

특정범죄가중처벌등에관한법률위반(뇌물)

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. 1) At the time of the instant case, the Defendant, as the chairperson of the B-Do Economic Science and Technology Committee, had the authority to deliberate on the budget of the Do including the economic office B, which is the competent department, and had a substantial impact on the public officials, such as securing the F City budget. Accordingly, the Defendant’s organization (hereinafter “D”).

2) The NPOE is a public official of FF as well as the persons concerned at a competitive bid (hereinafter referred to as “instant exhibition”).

In full view of the fact that D's request for appointment as a businessman of the job EXPO would seriously compromise the fairness of duties. In fact, the department under the jurisdiction of the F City would not be qualified to participate in the tender on the ground of T if D does not participate in the tender, and even if it is known that D did not participate in the tender, it is illegal to select a businessman, and that it can be sufficiently recognized a quid pro quo relationship between the Defendant's request and E's subsidization of funds for the I Games. 2) E's request for appointment is an illegal solicitation. 30 million won supported by the Defendant to K (hereinafter "K"), an incorporated organization (hereinafter "K"), made a statement that it was paid as the expense for the exercise of this case, but it is lack credibility, and the Defendant could actively make the Defendant's request for the above KR's intervention at the time of the Defendant's request for the transfer of funds to E after the request.