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(영문) 서울고등법원 2014.03.28 2013노3769
뇌물수수
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for a year and a fine of twenty-five million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles: A bribe delivered by H of the lower court on October 19, 201 by the Defendant is KRW 20 million.

As examined below, the court below erred by misapprehending the legal principles or misunderstanding the legal principles, which found only 11 million won as a bribe and found the remainder of 9 million won as not guilty, which affected the conclusion of the judgment.

1) As to the amount of money originally delivered to the Defendant by H, H consistently stated from the prosecutor’s office to the court of the original trial, and consistently delivered KRW 20 million to the Defendant, H’s credibility is high. Although H first made a statement at the court of the original instance, it was not possible or possible to confirm by the Defendant, and it was a circumstance that H’s statement at the court of the original instance would raise credibility of the statement. Moreover, H’s statement at the court of the original instance would rather increase the credibility of the statement. Moreover, H’s statement at the court of the lower court, based on the circumstances in which H returned the amount of KRW 50 million out of KRW 50 million delivered by M, which was returned again.

(2) As to the establishment of the crime of acceptance of bribe with respect to the amount of KRW 4 million that the Defendant first received from H, it cannot be deemed that part of the KRW 20 million, which was received from N in the ordinary course of business. Therefore, as to whether the money that the Defendant received from H was the KRW 15 million, even if the money that the Defendant received from H was the KRW 15 million, the Defendant’s return of KRW 4 million was merely a use after the Defendant received the said money, and thus, the said KRW 4 million should be recognized as a bribe.

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution, fines of 15 million won, community service, 120 hours, and surcharge of 21 million won) is too uneasy and unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

(a) this part;

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