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(영문) 부산지방법원 2016.06.17 2016고합38
뇌물수수
Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. The Defendant worked as the head of G Operational Headquarters from March 30, 2010 to February 5, 2014, and was in charge of the selection of a company located behind the Busan New Port Complex. On June 2012, 2012, the Defendant received a bribe from the public official on the part of the Defendant’s dwelling in B’s vehicle located in B, which is the Defendant’s dwelling in the Busan High Port, located in the Busan High Port, for the first phase of K K only in Busan, to be selected as the first phase of the second phase of the project.”

B. Defendant B: (a) and at the same time and place as described in the foregoing paragraph (a) above, Defendant B offered a bribe of KRW 5 million in cash to A in connection with the duties of the public official Y as stated in the foregoing paragraph (a).

2. Summary of the Defendants and their defense counsel’s assertion

A. Defendant A does not receive a bribe or a solicitation from Defendant A.

B. Defendant B offered a bribe to A as stated in the facts charged.

3. Determination

A. In a case where the issue is whether to accept money or valuables by Defendant A was at issue, the fact of the receipt of money or valuables is denied, and there is no objective evidence, such as financial data to support this, in order to recognize Defendant guilty only with the statement made by the person who provided the money or valuables, the admissibility of the evidence is required, and there is a credibility to exclude a reasonable doubt. When determining credibility, the credibility of the statement is determined not only the rationality, objective reasonableness, and consistency in the contents of the statement itself, but also its human beings, and in particular, if there is a suspicion of a crime against Defendant A and there is a possibility that the investigation is being initiated or an investigation is being conducted, the statement made by the person who provided the money or valuables is admissible.

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