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(영문) 대법원 2015.10.29 2015도7822
제3자뇌물취득
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the appellate brief not timely filed).

The argument in the grounds of appeal is that the judgment below is unlawful, since the defendant delivered money and valuables received to B according to its purport, although the above money and valuables are not reverted to the defendant, the court below erred fact-finding in violation of the rules of evidence and ordered to collect additional money of KRW 9 million by misunderstanding the legal principles on additional collection.

However, since the fact finding and the selection and evaluation of evidence conducted based on it belong to the exclusive authority of the fact-finding court unless they exceed the limit of the principle of free evaluation of evidence, it cannot be found that the reasoning of the judgment below exceeded the limit of the principle of free evaluation of evidence in the fact-finding even after examining the reasoning of the judgment below in light of the records, and there is no error in the misapprehension of legal principles as to the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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