beta
(영문) 부산고등법원 2015.04.02 2014노770

뇌물수수등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B Imprisonment of 1 year and 2 months and fine of 14,00,000 won.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles or erroneous determination of facts by misunderstanding facts by Defendant A, C and D, or by misapprehending the legal principles as follows.

1) Defendant A (the part on the joint criminal conduct with Defendant C) ① ordering the part on the original use to be ordered in the status of Defendant A and did not have any location to place convenience in the process of receiving orders and delivering orders, and the money received from Q does not constitute an illegal solicitation or business relationship. ② Defendant A is merely a part of the design of Defendant C, an indirect crime, and constitutes a crime of aiding and abetting, or constitutes a simple crime of aiding and abetting. ② Defendant C (the part on the joint criminal conduct with Defendant A) provided that Defendant C (the part on the criminal conduct with Defendant A) called Defendant A to Q for a phone call to confirm the rent or duties, and there was no fact that Defendant A participated in the crime of bribery on March 7, 2011.

3) The permission to amend the indictment on the receipt of a bribe in breach of trust by the lower court is unlawful. ② On April 9, 2010, KRW 1.5 million borrowed from Q for the handling of traffic accidents, not for rebates. ③ Even if the above money was not considered to have been borrowed, Defendant D did not perform the role relating to the conclusion of a seal-based external processing contract, and thus, the above money cannot be deemed as consideration for illegal solicitation. (B) The prosecutor’s assertion of misunderstanding of facts or misapprehension of legal principles (the part on innocence against Defendant A and D)’s statement on the credibility of Q’s statement, which is direct evidence of the facts charged of this case’s receipt of a bribe in breach of trust and the charges of bribery, is unlawful. The statement made by Q, which is a direct evidence of the facts charged of this case, contains concrete contents, corresponding written statements, and objective materials such as corresponding to it, the detailed statement on the grounds of objective materials such as motive, object, method, and amount calculation, and there are no other motive or motive to make a false statement or other relevant U.