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(영문) 서울고등법원 2013.03.29 2012노3379
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of five years and a fine of one hundred and forty-three thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was only subsidized the Defendant’s cancer treatment expenses from L, and did not demand money or goods in return for aiding and abetting L to supply lighting equipment, and the Defendant’s request for payment after concluding a false subcontract with L and J does not appear to have been made January 201 as stated in the judgment of the court below.

B. The penalty imposed by the court below on the defendant (the penalty of imprisonment for seven years and fine of 143,50,000 won, and the penalty of 209,000,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. The following circumstances acknowledged by the court below as to the defendant's assertion of mistake of facts are acknowledged by the evidence duly adopted and examined by the court below. In other words, the defendant did not have any particular monetary transaction with L prior to the crime of this case, and the defendant, around February 2009, required L to prepare design documents and English specifications, etc. in order to enable L to enter into the goods supply contract in the process of changing the general lighting equipment of the Gangseo Culture and Arts Center into the name of LD, and prepared an English specifications, etc., which reflects the specifications and unit prices of lighting equipment supplied by LA (ju), and sent them to the Public Procurement Service as it is, and (ju) it was requested by LA to enter into a contract for the supply of landscape lighting equipment equivalent to approximately KRW 1.20 million with the Public Procurement Service, and the defendant had the defendant enter into a false subcontract as if LA paid the goods from L, and had the defendant receive the money under his name and deliver it to the public prosecutor's office by borrowing money from LA.

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