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(영문) 광주지방법원 2017.12.12 2017노2097
뇌물수수
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C does not have any special convenience in relation to his duties. However, the name of the government-funded material contract, material size, etc. that anyone can know via the Internet, and there is no fact that he received a bribe from A.

B. Each sentence of the lower court against the Defendants is too unreasonable.

2. Determination as to Defendant C’s assertion of mistake of facts

A. Comprehensively taking into account the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, whether the Defendant provided special convenience to A in relation to his/her duties, the Defendant does not merely provide information related to government-funded materials contracts to A, but it can be acknowledged that the Defendant attempted the supplier that A operates with his/her authority in the position of the J viewing Accounting and T Team leader to conclude government-funded materials contracts. Accordingly, the Defendant’s assertion of mistake in this part is rejected.

① From August 26, 2014 to August 6, 2015, the Defendant was in charge of performing the duties of entering into government-funded materials contracts ordered by J review as the J Review Account and the T-Related Team leader. According to the above positions, the Defendant was authorized to directly select a supplier and enter into a contract for government-funded materials contract with the number of government-funded materials of less than KRW 20 million, and the Defendant was authorized to directly determine the supplier and directly determine the supplier (in the case of government-funded materials contract with the head of the country, the goods of the relevant company are charactered at the head of the country).

② However, according to the Defendant’s prosecutorial statement, after the Defendant was appointed as the head of T team, A requested the Defendant to enter into a government-funded material supply contract, which is ordered by means of phone call from the Defendant, to help the Defendant enter into a government-funded material supply contract, and the Defendant accordingly requested A to enter into such contract.

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