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(영문) 부산고등법원 2012.01.11 2010노1125
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. The part of the judgment of the court below against Defendant B is reversed.

2. Defendant B shall be punished by imprisonment for three years;

3...

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts and misapprehension of legal principles regarding the crime of delivering third-party brains to Defendant B and the crime of acquiring third-party brains to Defendant E, only Defendant B had a need to deliver a bribe from Defendant E to CV National Assembly members, and delivered money to Defendant E by asking for a specific method of providing money. In fact, Defendant B was entirely responsible for Defendant E’s decision after delivery of the money to Defendant E, and there was no report or representation on the method of delivery from Defendant E after delivery of the money to Defendant E, and the actual delivery of money was not known as it did not receive a report or demand a report. In full view of the fact that Defendant B did not have a functional control over the act of offering of a bribe to Defendant E, it is difficult to view that Defendant E had a functional control over the act of offering of bribes to Defendant E, and Defendant E did not have any duty to specially take charge other than the street for the main owner of TV Incheon Urban Railroad Corporation, and it is difficult to see that it was registered in the form of audit and inspection, but it is difficult for Defendant E and there was an economic interest.

Even if Defendant E deemed that Defendant E had both economic interests with Defendant B, the act of demanding a bribe to be delivered by Defendant E to CV is difficult to be deemed to have existed on the extension of economic interests because it is entirely irrelevant to the audit that Defendant E had been in charge. In full view of the fact that Defendant E was on the extension of economic interests, the lower court rendered a judgment on the charge of receiving money by deeming Defendant E as the act of offering a bribe between co-principals and co-principals, but the lower court satisfied the objective requirement of functional control required for the establishment of co-principals.

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