2017 Violation of the Act on the Punishment, etc. of Specific Crimes (Bribery)

(name of partially recognized crime: Acceptance of a bribe)

A

Defendant and Prosecutor

Law Firm DD, a legal entity

Attorney in charge CT, CU, DE, CZ, DA, DF;

Seoul High Court Decision 2017No 399 decided July 21, 2017

November 9, 2017

Text

all appeals shall be dismissed.

The grounds of appeal are determined.

1. As to the grounds of appeal by a public prosecutor

The lower court’s reasoning is as follows: (a) around December 31, 2015; and (b) February 2, 2016, among the facts charged in the instant case on the grounds as indicated in its judgment.

4. Holding or receiving a bribe of KRW 50 million each around February 13, 2016, around February 27, 2016, around February 27, 2016, and around March 24, 2016;

the judgment of the court of first instance which rendered a judgment of not guilty on the ground that the case constitutes a case where there is no proof of a crime

was maintained as such.

In light of the records, there was no error in violation of the rules of evidence in the court below's above determination.

(c)

2. As to the ground of appeal by the defendant

In light of the relevant legal principles and records, the facts of the instant public prosecution (excluding the portion of innocence) are found guilty, even if examined.

The judgment of the court of first instance is based on the type of bribe, liability for proof, probative value of evidence, and the number of crimes and quid pro quo of receiving bribe.

No error of misunderstanding the legal principles concerning the law or failing to exhaust all necessary deliberations shall be made;

(c)

3. Conclusion

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

this judgment is subject to this judgment.

Justices Park Jung-hwa

Justices Kim Yong-deok

Jeju High Court Decision 201Na1548

Justices Park Sang-ok