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(영문) 서울고등법원 2018.11.01 2018노1198
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment below

The part of the defendant A (including the part not guilty) shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) The part of KRW 70 million received from Defendant B and C (the point of acceptance of bribe corresponding to the financial profit, which is the ancillary charge) is merely borrowed from Defendant B and C with business funds, and it does not borrow as compensation for investigation or solicitation with respect to matters pertaining to the duties of other police officers.

In light of the fact that Defendant B and C’s statements are consistent with the preliminary facts charged, and they cannot be deemed as borrowing KRW 70 million in return for a solicitation or good offices for investigation, and that Defendant A did not make any commitment or act in connection with the investigation of Defendant B and C, and that some interest on KRW 70 million was paid.

B) The amount of KRW 20 million received from the Defendant A received from the I is either borrowed money necessary for the Z or paid as investment money, and it is not received as a consideration for the termination of the internal investigation case against I.

I’s statement that corresponds to the facts charged that the above 20 million won is given for good offices or solicitation is for the purpose of harming Defendant A, and cannot be believed.

Even if the defendant A received the above money as a broker or solicitation, it shall be limited to the amount equivalent to the financial profit.

C) Defendant A received KRW 28.78 million from L did not have received KRW 3 million from L, and Defendant A merely borrowed money from L from 25 million, and Defendant A did not receive KRW 25 million from L for good offices or solicitation.

In addition, Defendant A does not receive entertainment equivalent to KRW 780,00 which he received from L as good offices or solicitation.

2) Punishments sentenced by the lower court to Defendant A (two years of imprisonment).

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