beta
(영문) 대법원 2021.4.15. 선고 2020도16902 판결

가.특정범죄가중처벌등에관한법률위반(뇌물)나.금융실명거래및비밀보장에관한법률위반다.범죄수익은닉의규제및처벌등에관한법률위반라.부정청탁및금품등수수의금지에관한법률위반

Cases

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)

B. Violation of Act on Real Name Financial Transactions and Guarantee

(c) Violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment.

(d) Violation of the Improper Solicitation and Graft Act;

Defendant

A

Appellant

Defendant and Prosecutor

Defense Counsel

Attorney Seo Young-gu

The judgment below

Seoul High Court Decision 2020No1005 Decided November 26, 2020

Imposition of Judgment

April 15, 2021

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

For reasons indicated in its holding, the lower court upheld the judgment of the first instance court that convicted the Defendants of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) (hereinafter referred to as the “Aggravated Punishment, etc.”) of the part on the list of crimes Nos. 6, 2, and 3 attached to the judgment of the first instance. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of

2. As to the Prosecutor’s Grounds of Appeal

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of a crime against the part of the charges of this case concerning the receipt of KRW 2 million around A, around 2016, violation of the Specific Crimes Aggravated Punishment Act (Bribery) due to water supply of KRW 1 million on September 10, 2019, violation of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Financial Real Name Act”), violation of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Financial Real Name Act”) and violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Act on the Regulation of Criminal Proceeds Concealment”). Examining the reasoning of the lower judgment in light of relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the establishment of a crime of violation of the Specific Crimes Aggravated Punishment Act (Bribery), a violation of the Act on Real Name Financial Transactions, a violation of

Meanwhile, the prosecutor appealed all of the judgment below on the violation of the Specific Crimes Aggravated Punishment Act (Bribery), the violation of the Act on Real Name Financial Transactions, and the Regulation on the Regulation on the Concealment of Criminal Proceeds. However, among the convictions, there is no specific reason in the petition of appeal and there is no reason for appeal as to the appellate brief

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Judges

Justices Park Sang-ok

Justices Ansan-chul

Justices Noh Jeong-hee

Justices Kim Jong-hwan