beta
Text
The judgment below
The part of conviction against Defendant A (including the part of acquittal in the reason) shall be reversed.
Defendant
A shall be punished by imprisonment for three years.
Reasons
1. The lower court’s progress and the lower court found Defendant A guilty of the part on the offering of bribe of KRW 51 million (attached Table 1 to 32) in total from May 19, 2008 to October 20, 201, regarding the offering of bribe of KRW 51 million from M, acceptance of bribe of KRW 51 million from Defendant B, and the offering of bribe of KRW 51 million from Defendant B from December 3, 201 to March 3, 201, and found Defendant A not guilty of the part on the offering of bribe of KRW 4 million in total (attached Table 1 (33 through 36) of KRW 4 million from Defendant B.
As to this, Defendant A appealed respectively on the grounds of mistake of facts or misapprehension of legal principles as to the guilty portion, and unfair sentencing, the prosecutor appealed against the Defendants on the grounds of mistake of facts and unfair sentencing.
2. Summary of grounds for appeal;
A. Defendant A (1) through misunderstanding of facts or misunderstanding of legal principles, the part of acceptance of bribe amounting to KRW 51,00,000,000,000,000,000,000,000 won received on May 19, 2008 and May 30, 2008 (hereinafter “the money that the Defendant received at once from B”) are the loan borrowed from B, regardless of his duties.
Even if the Defendant’s total amount of KRW 51 million received from B is recognized as a bribe, since it cannot be deemed that other money received from B on June 2, 2009 and the process or method of payment are the same, and thus, criminal intent’s unity and continuity are not recognized. Thus, the crime of bribery is only a concurrent crime, and it cannot be deemed that there is a relation between the crime of bribery and another crime of bribery.
The part of acceptance of bribe from M was not known that M is running a unregistered credit business, and the defendant was trying to make a monetary investment, and he had talked about M's auction of M's used cars trading complex, and has prepared money for this purpose.