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(영문) 부산고등법원 2015.10.22 2015노346
뇌물공여
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under misunderstanding of facts or misunderstanding of legal principles, the name of "defendant" is used only for the defendant who falls under each item, and the remaining defendant is recorded only with the name of the defendant. It is true that the defendant delivered KRW 23 million to C by the defendant. However, it is not delivered under the name of "S" which the defendant is residing in C, and it is not delivered under the pretext of allowing the classification of game products. Thus, the above amount is not the amount of mediation related to the deliberation of the classification. Nevertheless, the court below found the defendant guilty of the facts charged of the offering of the bribe in this case. Thus, the court below erred by misunderstanding of facts, which affected the conclusion of the judgment. However, it is erroneous in the judgment of the court below that the defendant C received KRW 23 million from the defendant A under the name of the sub-lease deposit, and it is not a change in the classification of game products, and it does not receive the above amount as a consideration in relation to the above classification.

In addition, since the defendant did not have a position to legally or practically influence the rating review of game products at the time of receiving the above money, the crime of bribery to good offices is not established.

Nevertheless, the court below found the defendant guilty of the charge of acceptance of bribe in this case on the grounds of its stated reasoning. The court below erred by misapprehending the legal principles on the crime of acceptance of bribe in good offices and thereby affecting the conclusion of the judgment.

B. In light of the various sentencing conditions of the Defendants in this case, the sentence imposed by the lower court on the Defendants (Defendant A: 1 year of suspended sentence in August 1: Imprisonment with prison labor and a fine of 46 million won and a surcharge of 2.

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