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(영문) 서울고등법원 2019.06.04 2019노64
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

1. The part of the lower judgment against the Defendants is reversed.

2. Defendant A

A. Two years of imprisonment and fine

Reasons

Summary of Grounds for Appeal

Each document submitted by the counsel of the Defendants regarding the period for submitting the grounds for appeal shall be considered to the extent of supplement in case of supplement in the grounds for appeal.

misunderstanding of facts and misunderstanding of the legal principles: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) (Bribery B and Prosecutor) against the Defendants and the Prosecutor; the lower court recognized the receipt only for each of the money or entertainment listed in the No. 1-10 No. 1-10 No. 1-6-10 among the money or entertainment listed in the attached Table No. 1-6-10, and did not recognize the receipt of

Defendant

B In the pertinent item, only “Defendant” is called “Defendant.”

The same shall also apply to the relevant accused of another item.

Attached Form

The list of crimes (hereinafter referred to as the "list of crimes") is only called the list of crimes.

There is a fact that 10 million won A received KRW 10 million from E on August 22, 2016, but this is merely based on A’s independent judgment, which is irrelevant to the Defendant.

Inasmuch as the statement of KRW 20 million in No. 8 of the Criminal List No. 20 million is not trustable, Defendant B cannot be deemed to have sufficiently proven that he received KRW 20 million from E around July 2017.

According to the prosecutor's list Nos. 2 and 15 million won statement and recording records, the fact that the defendants conspired to receive KRW 15 million from E on August 30, 2016 can be recognized.

In light of the statement of Q Q, which served as an employee E and employee of each 5 million won set forth in Nos. 3 and 4 of the crime sight table, the fact that the Defendants conspired to receive KRW 10 million in total from the first patrol officer on September 2016 and received KRW 5 million in two times from E.

In light of the contents stated by E and Q in the crime sight table No. 5, the Defendants conspired to accept KRW 20 million from E around November 2016.

[Defendants and Prosecutors] The lower court’s determination as to whether it is a quid pro quo 1, 200.

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