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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Gwangju District Court.
Reasons
The grounds of appeal are examined.
1. Of the facts charged in the instant case against the Defendant, around December 15, 2008, the summary of the acceptance of bribe was that “D requested the head of the Seoul Southern Veterans Organization M&D M&D in 2004 to find employment for ASEAN X, and X was employed for Y Co., Ltd. on August 1, 2007 upon its recommendation. At the time of December 15, 2008, X remitted KRW 3 million to the Defendant, the head of the Seoul Southern Veterans Organization M&D in Seoul, the M&D, as a honorarium for X’s employment, and thereby, the Defendant received a bribe in connection with his duties.”
The court below reversed the judgment of the court of first instance which acquitted the defendant on this part and sentenced him guilty on the ground that the defendant could have received a bribe in relation to his duties in full view of the facts and circumstances admitted by the evidence adopted.
2. However, the lower court’s determination is difficult to accept.
According to the evidence duly admitted by the court below, X, a soldier or policeman wounded in action, filed an application for employment with the Korea Veterans Organization on October 22, 2003 in accordance with the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and relevant Acts and subordinate statutes. He sent X on the same day to the Seoul Southern Veterans Office having jurisdiction over the area where X wishes to be employed. The Seoul Southern Veterans Office transferred X again on December 1, 2003 to the Seoul Southern Veterans Office. The person in charge of the Seoul Southern Veterans Office sent employment orders to the Korea Local Administration Association, the Korea Gas Technology and Industry Corporation, and the Y Company, etc. As a result, X was employed with the Korea Veterans Association on August 1, 207, and the defendant thereafter, who wishes to be employed with the Korea Veterans Office on October 1, 2007 through October 1, 2007 and is determined by the relevant Acts and subordinate statutes within the Seoul Southern Veterans Administration's jurisdiction.