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(영문) 수원지방법원 2016.11.11 2016노2199 (6)
뇌물수수등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and fines for 10,000,000 won, Defendant B shall be punished by imprisonment for ten months and fines for 10.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) In the facts charged, even if the benefits from the receipt of an opportunity to receive cosmetics sales commission fall under a bribe, the recipient of the bribe is not a public official of Defendant A, but a non-public official of Defendant B, and the acceptance of the bribe cannot be evaluated as equal to the acceptance of the bribe by Defendant A. Therefore, the judgment of the court below that the Defendants jointly committed a simple bribery under Article 129(1) of the Criminal Act, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts or by misapprehending legal principles, which affected the conclusion of the judgment.

Therefore, the judgment of the court below which recognized the establishment of the crime of violation of the Regulation of Criminal Proceeds Concealment Act by deeming that the Defendants concealed the profits from the above crime, is erroneous in the misapprehension of legal principles and thereby

B. Defendant A1) Of the facts charged, there is no fact that Defendant A received a bribe of USD 820 from Co-defendant C around May 2012, 2012.

Therefore, the court below erred by misapprehending the facts or misapprehending the legal principles, which affected the conclusion of the judgment of the court below that found C et al.’s false statements as evidence of guilt.

B. From the facts charged on May 201, Defendant A did not receive an illegal solicitation from BJ engaging in construction business on or around February 201, and Defendant A did not abuse official authority to allow BJ to enter into a subcontract with CG without the obligation, and only BJ entered into a subcontract with CG on or around February 201.

Therefore, it is true.

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