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(영문) 서울고등법원 2012.12.14 2012노1871
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment below

The part of the judgment No. 1 is reversed.

Defendant shall be sentenced to imprisonment of 3 years and 6 months and fine of 53,00,000 won.

Reasons

Ⅰ. The summary of the grounds for appeal that were submitted after the expiration of the period for submitting the grounds for appeal will be examined to the extent of supplement in case of appeal.

1. Defendant (a factual error or misunderstanding of legal principles)

A. (1) The Defendant’s use of the instant credit card on or around June 2008 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) due to acceptance of bribe is “the instant credit card below each credit card as indicated in the judgment of the court below and the instant credit card.”

(2) On June 17, 2008, from around September 18, 2009 to around September 18, 2009, money and valuables equivalent to KRW 97,36,530 was not received from the Defendant’s credit card use of the instant case. (2) The pending issues of the SSS Group [i) related to business relationship (or consideration] and the prosecutor without recognition, cited in this part of the facts charged, [i) additional measures taken over by the Defendant, (ii) additional measures, (iii) securing the newly constructed site of the military shipbuilding, (iv) extension of the military shipbuilding company, (iii) merger and shipbuilding company, (v) merger of shipbuilding industry and shipbuilding company, (vii) amendment and repeal of the relevant Acts and subordinate statutes, and (vii) Korea Policy Broadcasting Board (K-TV; hereinafter referred to as the “K-TV”), even if the pending issues are related to the Defendant’s duties, the prosecutor did not have any awareness of the Defendant’s act of accepting money and valuables from the Defendant’s use of the instant credit card offering and bribery (36).

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