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(영문) 서울고등법원 2017.08.24 2017나2001811
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The Plaintiff’s work experience, etc. 1) from April 15, 2003 to December 20, 2005, while serving as a serious manager in the Marine Corps B, the Plaintiff was in charge of the duties of new management, the field supervision and design of repair work, and the modification of contract, etc. performed within the said brigade. From December 21, 2005 to January 20, 201, the Plaintiff was in charge of the duties of designing, ordering, supervising, and supervising repair work, etc. performed at the Marine Corps at the Marine Corps, etc. (2) with respect to the notification that the Plaintiff received a bribe from E around October 2004, the Plaintiff was investigated by the prosecutor of the Ministry of National Defense on December 6, 2006, and even October 28, 2009, the military prosecutor was investigated by the military prosecutor of the Military Prosecutors’ Office at the Ministry of National Defense.

B. The military judicial police officers of the general prosecutor’s office of the Ministry of National Defense, on February 17, 2010, investigate the plaintiff who voluntarily attended the general prosecutor’s office of the Ministry of National Defense from 16:00 to 20:05 on the same day, and entered the same as the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery). From 23:30 on the same day to 02:10 on February 18, 2010, the military judicial police officers of the general prosecutor’s office of the Ministry of National Defense conducted the examination of the plaintiff. On February 18, 2010, the general prosecutor of the Ministry of National Defense accepted the plaintiff’s bribe of KRW 52,00,000 from E in relation to their duties from around October 8, 204 to around 200 to 400,000 evidence of emergency arrest, including the plaintiff’s testimony and fear of receiving them from E around September 3, 2003.

2) On February 18, 2010, the prosecutorial investigator belonging to the Ministry of National Defense was search and seizure of the Plaintiff’s house, and the Plaintiff’s Samsung Labor North Korea (No. 18) owned by the Plaintiff.

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