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(영문) 서울고등법원 2016.02.17 2015노2023
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment below

Part concerning Defendant A, B, and C shall be reversed.

Defendant

A shall be sentenced to two years of imprisonment and fines of 22 million won.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) 1) misunderstanding of the facts or misunderstanding of the legal principles (guilty part of the judgment of the court below), which the court below found the Defendant guilty of this part of the facts charged, was erroneous or erroneous as follows.

(1) Following the acceptance of a bribe, the amount that the Defendant received from R and C under the name of L and C is only KRW 90,000,000,000 (no amount was received as KRW 11,100,000 on April 16, 2013) and the said amount is merely a personal-friendly relationship with R. (b) around May 2012, on which the Defendant began to receive rental fee from R, and the Defendant was in the position of the head of the M&A management planning headquarters that is irrelevant to the NE development project, and there is no duty relationship between the Defendant’s duties and the instant siren.

(2) In the event that the Defendant refers to Q&C Co., Ltd., the name of the Co., Ltd. for convenience is omitted when the Defendant refers to the brain (Bribery) violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery).

B There is no promise to receive KRW 360 million out of the office operating expenses of R and B, Q 35% of Q 30 million, and Q 35% of the PF funds to be loaned by Q 30 million in return for the act selected as the priority bidder for the P block sales business.

(B) The Defendant promised to receive part of the office operation expenses and PF funds from R and B as above.

Even if the defendant conspireds with B, etc. to commit the crime of embezzlement of corporate funds of Q, it can be deemed that the defendant conspireds with B, etc., and cannot be deemed as having promised acceptance of bribe.

(C) Even if the Defendant’s aforementioned act is assessed as a promise to accept bribe, it was still established at the Defendant’s stage of the Defendant’s act to accept bribe.

It is not possible to specify the value of the promise, which is the object of the "agreement", and also the value of the promise.

(d) d).

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