beta
Text
The judgment below
The part against the Defendants is reversed.
Defendant
A shall be sentenced to 7 years of imprisonment and fines of 150,000,000.
Reasons
1. Of the facts charged against Defendant A and the offering of bribe by Defendant D, the lower court acquitted the Defendants on the grounds of each of the facts charged regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the offering of bribe by Defendant D, the prosecutor did not appeal against the part of receiving and offering KRW 1.5 million out of 2.5 million, and only the Defendants appealed on the guilty part of the lower judgment. Although the aforementioned part of the acquittal was brought to the trial with the remainder of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) charged for a single comprehensive crime, and the part of the guilty of offering of bribe, it should be deemed that the Defendants exceeded the object of attack and defense (see, e.g., Supreme Court Decision 90Do2820, Mar. 12, 1991). Accordingly, the lower court’
2. Summary of grounds for appeal;
A. (1) With respect to the acceptance of bribe from Defendant A 1 or misunderstanding of legal principles, there was no fact that the Defendant received KRW 10 million from D on July 25, 201.
(2) The cost required for the package tour was calculated excessively.
(3) The Defendant did not receive KRW 1 million in cash as user fees for golf courses from D.
(4) C and B are not to accept a bribe from D in collusion with the Defendant, but to constitute a person who offered a bribe in collusion with D and thus, their consumption should be deducted from the amount of bribery received by the Defendant.
Nevertheless, the court below found the defendant guilty of this part of the facts charged as the amount of acceptance of bribe as stated in the judgment of the court below is erroneous in the misapprehension of legal principles.
B) As to the acceptance of bribe amounting to KRW 500 million from BS, (1) the lower order of August 2007 and the first order of July 2008 (this approval of the establishment promotion committee is approved).