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(영문) 서울고등법원 2014.07.25 2014노981
뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles recognize that the Defendant received money from Co-Defendant B (hereinafter “Co-Defendant B”) of the lower court and that B supplied goods to the Seocho-gu Office.

However, in light of the fact that the contract between G and Seocho-gu Office operated by B does not coincide with the time when the Defendant received money from B, the Defendant did not recognize that the said money was a bribe at the time when he received money from B, and the Defendant did not have a position to decide the conclusion of the goods supply contract, the Defendant cannot be deemed to have received a bribe in relation to his duties.

Nevertheless, the court below erred by misapprehending the legal principles on job relationship in the crime of acceptance of bribe and thereby affecting the conclusion of the judgment.

B. The sentence of the lower court on the Defendant of unreasonable sentencing (the imprisonment for six months, the suspension of the execution of two years, the fine of three million won, and the surcharge of 7.1.6 million won) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. The lower court determined that the Defendant’s 7,160,00 won received from B was a bribe received in connection with his/her duties by comprehensively taking account of the following facts and circumstances acknowledged by the evidence adopted by the lower court.

From the end of June 2008, the Defendant was in charge of the event-related affairs at the F Team with the Seocho-gu Office F.

In 1994, B, who had been in close relationship with the defendant since served with the defendant in the Seocho-gu Office M, requested that the defendant be in charge of the event-related affairs as above, G operated by the defendant be supplied with the goods related to the event.

Accordingly, if the goods related to the event are required, the defendant shall be provided with a written estimate of the other delivery company, which includes the supply price higher than that of G and the supply price of G, and shall prepare a written estimate attached thereto.

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