beta
(영문) 대법원 2013.06.13 2013도2106

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by the Defendant and the Prosecutor on the crime of offering of a bribe, the lower court found the Defendant guilty on this part of the facts charged on the grounds of its reasoning, on the following grounds: (a) as to the pending issues related to the O (hereinafter “O”) group and the Defendant’s personal recruitment issues, the part of the facts charged that a bribe was given to Q with respect to the Defendant’s personal management issues, cannot be deemed as falling under the duties under the statutory control of Q, which is a loan of the Ministry of Culture, Sports and Tourism, or the duties closely related thereto; and (b) as to the part of the facts charged that the Defendant offered a bribe to Q in relation to the referral of matters belonging to other public officials’ duties, the lower court found the Defendant guilty on this part of the facts charged, taking into account the following circumstances, such as the relationship between the Defendant and Q

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, we affirm the judgment of the court below as just. Contrary to the allegations in the grounds of appeal by the defendant and the prosecutor, the court below did not err by misapprehending the legal principles of the crime of offering of a bribe, or by exceeding the bounds of the principle

2. As to the Defendant’s remaining grounds of appeal

A. According to the evidence duly admitted by the court below, the court below found the credibility of AC's statement and found the remainder of the evidence to be guilty on this part of the facts charged for the following reasons.