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(영문) 서울고등법원 2014.10.30 2014노2379
뇌물공여
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.

2. In return for receiving information on the supply of air conditioners to the military unit system, the Defendant, as a soldier, provided a bribe of KRW 18 million in total by issuing a passbook and physical check card under the name of the Defendant to G, who is the head of the H of the military unit, and depositing money into the account.

In light of the intelligence point of the law, such as the defendant's provision of a bribe and the defendant's active delivery of a bribe without a request from a bribeer, and the pretending that the check card was used by himself/herself, the responsibility for the crime is not easy.

However, the defendant, who has no criminal power, is in depth divided his or her mistake into a person with no criminal power, and seems to have been carefully responsible for the fact that he or she was subject to criminal punishment to G which has been forced to be sentenced to criminal punishment as a vessel of college school group in the wind of providing his or her pecuniary suspicion.

Although the Defendant did not deny the payment of the money given in this case, the Defendant asserted that the receipt of supply information from G was limited to once from the time of granting KRW 5 million as stated in the table of crime Nos. 1 of the lower court’s judgment, and that the supply of information later was offered in each subparagraph to the effect that the sum of KRW 13 million as stated in the Nos. 2 through 8 of the same crime Nos. 2 through 8 of the same case offered thereafter, including the above information, and that it was offered in each subparagraph to make it well-known that he would have expressed

At the time of granting the instant money, G was in advance of discharge from military service, and the Defendant and G maintained a close relationship for about 20 years since the university, and it appears that there was no additional business related to air conditioners that may assist the Defendant at the time of committing the crimes set forth in the Nos. 2 through 8 above, the above assertion by the Defendant is acceptable.

The character, conduct, environment, and circumstances of the crime of the defendant.

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