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(영문) 서울고등법원 2018.04.13 2017노3015

위증등

Text

The judgment of the court below is reversed.

From June 2015 to August 5, 2015 to Defendant G’s decision.

Reasons

1. Reasons for appeal;

A. On January 9, 2018, the defense counsel’s written opinion submitted after the expiry of the submission period for legitimate grounds for appeal, the Defendant and the defense counsel did not encash the check under the intent to conceal or disguise criminal proceeds with respect to the violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds. Therefore, the Defendant did not have any intention about the most true disposal of criminal proceeds.

However, this cannot be a legitimate ground for appeal due to the assertion after the period for submission of the grounds for appeal.

On the other hand, the defendant's defense counsel at the summary of his oral argument on January 11, 2018 asserted that since the defendant's crime of violation of the defense law and the crime of violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds among the facts charged in this case, among the facts charged in this case, should be acquitted. However, it cannot be a legitimate ground for appeal due to the defendant's assertion after the deadline for submitting an appeal, and even ex officio, the facts of violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds in this case's defense and the violation of the Act on Regulation and Punishment, etc. of Criminal Proceeds in which the judgment recognized by the record became final cannot be evaluated as one act, it cannot be evaluated as being a legitimate one act, and therefore there are not commercial competition relations

Since this part of the judgment of the court below is without merit.

1) Legal principles are that money and valuables provided by the Defendant to G are related to the duties of G, and the Defendant’s act of offering a bribe to G is deemed a single comprehensive crime of offering a bribe to simple bribery.

Even if the defendant's act of offering a bribe to Gu's company's G is divided into a simple offering of a bribe and a bribe related to a referral of a bribe, the defendant's act of offering a bribe has been repeatedly delivered for a certain period of time.