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(영문) 서울고등법원 2012.08.24 2012노628
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

30 million won shall be additionally collected from the defendant.

Reasons

Summary of Grounds for Appeal

The defendant has received money and valuables under the pretext of mediating between the client and the public official who can be the counterpart to the mediation, and has participated in the crime of mediation and acceptance by U and V, which is the intermediary.

The sentence of unfair sentencing (two years of imprisonment, three years of suspended execution) of the lower court is too unjustifiable.

Judgment

With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) among the facts charged in the instant case, which was subject to the judgment of the court below, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by adding "in collusion with the U.S." to the former sole criminal defendant and partly modifying the facts charged, adding Article 30 of the Criminal Act to the applicable

Since this court notified the decision to permit it, the judgment of not guilty part of the judgment of the court below should be reversed.

However, the prosecutor's assertion of mistake is still subject to the judgment of this court.

For this, the following:

shall be determined in subsection (1).

On December 2010, the Defendant, in collusion with U, etc., received a request from H to the effect that “it would be subject to disciplinary action by the committee of the Board of Audit and Inspection on the ground that he caused the failure of the Financial Supervisory Service to inspect the Busan Savings Bank,” and received KRW 50 million under the pretext of solicitation from the public official in charge. On December 12, 201 of the same year, the Defendant received KRW 80,000,000,000,000,000,000,000,000,000,000,000, from the coffee specialty store.

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