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(영문) 광주지방법원 2018.01.17 2017노2864
뇌물수수
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment of two years and six months and by a fine of 100,000,000.

Reasons

1. Summary of grounds for appeal;

A. It is true that Defendant A received KRW 20 million from Defendant A, among June 2012, from Defendant A (1) misunderstanding of the legal principles as to quid pro quo or duties relations, and Defendant A related to the solicitation for promotion (A) misunderstanding of facts.

However, the J has served for more than the continuous service period, and the total evaluation scores were first higher among the persons subject to the relevant series of class, and the number of subordinate groups was determined to be subject to promotion through deliberation by the personnel committee at which the deputy head is the chairman, and there was no influence of Defendant A in relation to the promotion of J.

Therefore, the judgment of the court below which found Defendant A guilty of this part of the facts charged is erroneous by misapprehending the legal principles, or by misunderstanding facts, which affected the conclusion of the judgment, in spite of no relationship between the amount of KRW 20 million delivered by Defendant A and the duties of Defendant A.

(B) The payment of the price for TW related to the intellectual re-investigation was made normally through due process, and the Defendant A had no choice but to exercise any influence and there was no reason to exercise any influence with respect to the payment of the price.

Therefore, the judgment of the court below which found Defendant A guilty of this part of the facts charged is erroneous by misapprehending the legal principles or by misunderstanding facts, which affected the conclusion of the judgment, although there is no consideration between the money delivered by Defendant A and the duties of Defendant A

(2) Defendant A was aware that L, which maintained a friendly relationship for the purpose of the crime of accepting a bribe (A) with respect to the solicitation for promotion, had been aware of the fact that L, as a kind of political fund, maintained a friendly relationship for 30 years, and that the said money was money was money in relation to the solicitation for promotion by J. As such, Defendant A did not have awareness that he would receive money and valuables in relation to his duties.

(B) The Defendant A related to the cadastral reexamination project is a solicitation for the payment of the construction cost by Q.

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