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(영문) 서울고등법원 2016.02.12 2015노2305
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment below

Part concerning Defendant A, B, and C shall be reversed.

Defendant

A 4 years of imprisonment, Defendant B and C, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B (1) The lower court found the Defendants guilty of each of the facts charged in this case against the Defendants was erroneous or erroneous in misapprehending the legal doctrine as seen below.

A) Violation of the Act on the AP Group Aggravated Punishment, etc. of Specific Crimes (Bribery) against the Defendants (1) Defendant A omitted the part of the “stock company” from the name of the company for convenience of AD and below.

There is no demand for the payment of support payments to AD, and the duties of Defendant A and the support payments paid by AI and AX to AD are not related.

(2) Since AD is a separate legal entity with no substantial economic identity with the Defendants, the Defendants’ receipt of support payments cannot be evaluated as having received money and valuables. Furthermore, Defendant A received illegal solicitation from Defendant A, etc.

As long as it cannot be seen, it cannot be deemed that the crime of accepting a third party bribe is established.

(3) Even if the charge of accepting bribery is recognized against the Defendants, the amount of the bribe received by the Defendants is not KRW 770,000,000,000,000 for support amount, but rather the value of the bribe “the position at which AI and AX may enter into a sponsor agreement with AD,” and thus, it cannot be calculated. Therefore, Article 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes

(4) Even if the charge of acceptance of bribe against Defendant A is recognized, Defendant B is not a joint principal offender for the crime of acceptance of bribe in this part. (5) The amount collected against the Defendants should be calculated on the basis of the profits actually acquired by the Defendants. The amount charged as a joint principal offender for the crime of acceptance of bribe in this part of the facts charged is also considered as the joint principal offender for the crime of acceptance of bribe, and thus, the amount distributed to C should be deducted from the amount collected as to the Defendants.

B) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) against Defendant A (E related thereto).

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