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(영문) 서울고등법원 2016.09.01 2015노3518
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

Summary of Grounds for Appeal

The judgment of the court below that found the defendant guilty on the basis of the D's statement that there was no fact that the defendant received a bribe of KRW 50 million from D on March 31, 2009, but there was an error of misunderstanding of facts or misunderstanding of legal principles.

Even if the defendant is guilty of an unreasonable sentencing, the sentence imposed by the court below (the imprisonment of three years and six months and fine of 50 million won) is too unreasonable.

The summary of the facts charged is that the Defendant is a person in charge of construction and administrative affairs of its affiliated departments, such as a building administrative team, housing management team, urban redevelopment team, green zone permission team, etc., while serving as the subordinate audience C from February 12, 2009 to February 11, 2010, and D is a person who operates the “F” in E in South Korea.

The head of Si/Gun/Gu, etc. may publicly announce a disposition plan to install a liquefied petroleum gas filling station for motor vehicles in a development restriction zone for the residential, living convenience and life of residents in the development restriction zone, and in the south of the Si, the building and green belt permission team take charge of the affairs of formulating and implementing a plan to place liquefied petroleum gas filling stations in

On March 2009, the Defendant received the request from G in receipt of D’s request on March 1, 2009 that “I have changed the allocation criteria to allow a person recommended by the Defendant to be selected as a charging business operator, and later would be the case later if it is well possible.” It was suggested a draft of the placement plan, which formulated the allocation criteria for D to be selected as a first-class business operator, along with the personnel of “I have been introduced to the National Assembly of the Republic of Korea, I would like to apply for the permission for charging charge at this time, I would like to request it.”

The defendant arranged the draft of the allocation criteria received from D in the form of a camera, directed H to prepare a plan of placement according to the contents of the draft, and prepared by H around March 27, 2009.

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