특정범죄가중처벌등에관한법률위반(뇌물)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for ten years.
From the defendant, 200,000.
The summary of the grounds for appeal is as follows: (a) at the time when the Defendant’s mother, on August 2007, the part concerning the acceptance of a bribe of KRW 100 million, and around August 2007, the Defendant’s mother-child starts to work for the AJ New Cancer (hereinafter “instant subject”) and used KRW 100 million from the J; (b) the said KRW 100 million, a partner, borrowed from J and the Defendant did not receive a bribe from K.
Nevertheless, the lower court found the Defendant guilty of this part of the charges on the grounds of K’s statement without credibility. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion
On October 31, 2008, the Defendant: (a) on October 31, 2008, at the hotel room of AH hotel, the Daegu Regional Police Agency searched the search for the multi-level enterprise; and (b) on October 31, 2008, the Defendant did not receive a list of KRW 100 million from K.
Nevertheless, the lower court found the Defendant guilty of this part of the charges on the grounds of K’s statement without credibility. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion
As above, the Defendant did not receive a bribe of KRW 100 million from K around August 2007, in violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds, and thus, it does not constitute a violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds, which is premised on the acceptance of bribe.
Even if the defendant was given a bribe from K,
Even if an act of “a person who pretends to acquire criminal proceeds, etc.” under Article 3(1)1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “the Act on Regulation of Concealment of Criminal Proceeds”) is an act that generates criminal proceeds, and does not correspond to a case where the act itself constitutes a separate act from the pertinent criminal act that generates criminal proceeds, and does not correspond to a case where the pertinent crime itself. As such, an act of receiving KRW 50 million from an account in the name of AA constitutes the act of bribery itself, and thus, the act of acquiring criminal proceeds separately