특정범죄가중처벌등에관한법률위반(뇌물)
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principles) is that the Defendant received KRW 150,000,000 from C, as stated in the facts charged.
Even if the defendant received money from C, the defendant did not take charge of the ordering of the contract that C arranged by the defendant, and did not have the position to affect the public official in charge, so there is no relevance to duties and quid pro quo.
Nevertheless, the judgment of the court below which found the defendant guilty on the basis of the statement of C without credibility is erroneous in misunderstanding of facts and misapprehension of legal principles.
Judgment
The summary of the facts charged is a person who is in charge of assisting the 10th B market secretary from October 1, 1998 to May 27, 2002, the 11th B market secretary from June 20, 2002 to June 20, 2006, the 13th B market secretary from August 3, 2010 to April 22, 2014, and the 14th B market secretary from July 1, 2014 to the 14th B market secretary, respectively.
C is a person who acts as a so-called "broman" to arrange the contracting party, such as a contract for the installation of a video monitoring device ordered by B market through a friendly relationship with the public officials belonging to B including the Defendant.
On February 2, 2018, the Defendant received KRW 30 million in cash from C in total three times under the same name as indicated in the list of crimes in attached Form C, in return for providing convenience in relation to the receipt of contracts for the installation of video monitoring devices ordered by B at the beginning of February 2018 at the B viewing parking lot for civil petitioners D, and received KRW 150 million in total from C in the same name as indicated in the list of crimes.
Accordingly, the defendant accepted a bribe in relation to his duties.
The judgment of the court below C stated that the investigation agency provided the defendant with a total of KRW 150 million over three times, such as the list of crimes in the attached list, from the investigation agency to the court of the court of the court below, this part is the same.