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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2020.01.21 2019노1896
특정경제범죄가중처벌등에관한법률위반(수재등)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

misunderstanding of facts: Attached Form 21 and 22 of the List of Offenses in the judgment of the court below is omitted.

On June 29, 2018, the Defendant received KRW 20 million from B, such as this part of the facts charged, is not a honorarium for entrusting B with the business of real estate registration related to loans.

The defendant argued that he was the borrowed money in the investigative agency. However, in the court of original instance, only the confession of himself as his own mind is the only fact.

The punishment imposed by the court below on the defendant (the imprisonment of three years, the fine of 50 million won, and the penalty of 49,642,420 won) is too unreasonable.

The judgment of the court below on the assertion of mistake of facts: The defendant, at the court below, led to the confession of all the facts charged in this case including this part of the facts charged, and the court below found the defendant guilty of this part of the facts charged by considering the evidence duly adopted and examined.

In full view of the following facts and circumstances revealed from the evidence duly adopted and investigated by the court below's judgment and the court below's judgment, the above judgment of the court below is just, and there is no error of mistake of facts, and there is no error of mistake of facts.

Therefore, the defendant's assertion of mistake is without merit.

In a case where the bribery case Nos. 21 and 22 of the list of crimes are borrowed money, but the fact that the receiver received money from the receiver is not a bribe, it is argued that the receiver received money from the receiver, not a bribe. Whether the consignee actually borrowed the money is the motive, reason and method of delivery, relationship between the receiver and the receiver, the relationship between the receiver and the accepter, his position and occupation and experience, the necessity of borrowing the bribe, the necessity of borrowing the bribe and the possibility of borrowing it from a person other than the accepter, the amount and method of borrowing, the economic situation of the accepter, and the amount of the loan and the amount of estimated economic profit related to the increased trust, and whether or not the accepter offers the money.

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