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(영문) 창원지방법원 2017.09.28 2017고합62
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

1. Defendant A shall be punished by imprisonment for 6 years and by a fine of 463,756,00 won.

The above defendant is a fine.

Reasons

. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the above KRW 150 million can be recognized as a bribe offered by Defendant B to Defendant E.

Therefore, the defendant B and the defense counsel's above assertion is not accepted.

① While Defendant B paid for an election on behalf of Defendant E, he did not either prepare a certificate of borrowing from Defendant E or set the due date for and interest on the money to be paid to AO.

② During the prosecutor’s investigation process, Defendant B made a statement to the effect that the said KRW 150 million was a bribe against Defendant E (the investigation record No. 1222, 1254 page). ③ Defendant B was found in Defendant E’s house on December 27, 2016, and was flicked with Defendant E as follows.

*B: The author does not need to do anything, and he does not refuse to do so with the virtue of the Gun.

No. A. I. I. I. written objection to the other answer. I. I. written objection to the answer. I would like to see how you will return the entry of money * B: I. I would like to see how you will see. I would like to see that I will talk about the fregnent. I would like to see. I would like to see. I would like to see. I would like to see. I would like to see. I would like to see the part.

According to the above dialogue, Defendant B gave money to Defendant E and sought money from “the head of the Gun with virtue”, but it is a situation in which Defendant E requests the return of money paid to Defendant E by force.

If it is excessive to lend money to Defendant E, it would be against the rule of experience to demand a lot of preferential treatment on the ground of business only by lending money.

④ Defendant B is expected to pay a full payment in the last time expressly provided by Defendant E.

was only an election of the AO

On the other hand, upon the request of Defendant E, Defendant A and AO have been raised for the settlement of election disputes.

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