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(영문) 서울고등법원 2015.09.25 2015노1774
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: The prosecutor of a mistake of facts or misapprehension of legal principles stated the scope of and grounds for appeal on the petition of appeal as the grounds for appeal, but the specific grounds for appeal on the grounds of unfair sentencing are not specified in the statement of grounds for appeal submitted within the period for submission of legitimate grounds for appeal. Therefore, it is difficult to regard it as legitimate

9. 25. See, etc., Supreme Court Decision 2014Do8712, supra) and on the first trial date of the trial of the party, the grounds for appeal of unfair sentencing do not appear to have been asserted as the grounds for appeal of unfair sentencing. As such, the grounds for appeal cannot be seen as lawful, and thus, the judgment of the court does not separately determine the grounds for appeal. ① Since J consistently states the circumstances and names, etc. of the acceptance of bribe of this case, the statement that “the person issued KRW 30 million upon acceptance of the bribe” is highly reliable, ② even based on witness N and testimony of the court below, G Co., Ltd. (hereinafter “stock company”) is omitted.

Since it is unclear at the time of the commencement of the tax investigation into Eul, it is possible that the J has kept at least KRW 30 million on the books of its office; ③ Even if the J did not keep KRW 30 million at the time of the commencement of the tax investigation, it is possible that the said money was granted as a bribe because it was withdrawn in cash from the J’s account from July 10, 2012 to October 18, 2012, which is the date of the commencement of the tax investigation; ④ The J has denied the initial acceptance of bribe itself, as well as the initial acceptance of bribe itself, and ④ the J has used a false statement in order to increase the tax amount of KRW 10 million even after being subject to detention, and thus, it is difficult for the Defendant to accept the said money at a time similar to the Defendant’s accusation from other public officials.

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