2013No334 Acceptance of bribe

Park AA

Daejeon District of Residence

등록기준지 ▷▷시

Defendant

Now-ho (prosecutions) Now-hos (Public Trial)

Attorney Kim B-B

Daejeon District Court Decision 2013Gohap19 Decided June 19, 2013

April 25, 2014

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and six months, by a fine of 20,00,00 won.

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

12,00,000 won shall be additionally collected from the defendant.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Among the facts charged in this case, the fact of acceptance of bribe from the senior director and the fact of acceptance of bribe from the UCC

- With respect to the acceptance of bribes through the 3 parts of the [Attachment] List of Crimes (1) and the comparison of the credit rating, each of them shall be free.

Crimes

The summary of the Judgment

A person shall be appointed.

1. Summary of the grounds for appeal;

A. Error of mistake

(1) As to the charge of acceptance of bribe from the senior chief (as to paragraph (1) of the charge)

The defendant has used part of the amount of incentives with which senior officers gather incentives.

Although there is no fact that each money is received as stated in paragraph (1) of the facts charged. The defendant is appointed.

for an institution activity in which the Corporation’s cards are not available from the chief

If necessary, it is to listen to the use of the part of it for the institutional activities.

In addition, the amount that senior officers gather incentives shall be based upon the Korea Basic Science Support Institute (hereinafter referred to as the "Basic Research Institute").

institution activities relating to items not used after compiling a budget in a regular manner.

section 10(b)(c)(1)(1)(1)(2)(2)(2)(2)(2)

The appointment department had a practice of collecting incentives and using them as common expenses) the defendant's foundation;

institution's activities for the institution's activities, the receipt of part of the above common expenses shall be made to the duty relationship or the representative.

There is no possibility of bribery, and the defendant did not have any intention to accept bribery.

(2) As to the charge of acceptance of bribe directly (as to paragraph (2) of the charge

The Defendant receives money from UCC and UG as stated in paragraph (2) of the facts charged.

there is no fact.

(3) As to the charge of acceptance of bribe through the comparison of credit value (paragraph (3) of the charge)

The defendant drinks alcoholic beverages at Lives stores for business cooperation with the public and 3 to Lives

Although there is a fact that the credit rating was ordered to be processed over a time, it is stated in Paragraph (3) of the facts charged.

There is no fact that the credit rating has been requested to be paid on 14 occasions. The defendant does not have a fact that the chief of the appointment department requested to pay the credit rating.

It is limited to the treatment of the above credit value with the common expenses under the management, and these acts are conducted.

There is no relevance to duties or quid pro quo, and the acceptance of bribe to the defendant is not applicable to the defendant.

had no intention to do so.

In addition, the settlement made in the above facts charged is actually settled at L’s singing stores.

Parts include parts that are not the credit value actually used by the defendant, including parts that are not the credit value actually used by the defendant.

In addition, the defendant was unaware of the fact that he had paid the credit value, such as the above facts charged.

B. Unreasonable sentencing

The sentencing of the court below (four years of imprisonment) is too unreasonable.

2. Judgment on the misunderstanding of facts regarding the acceptance of bribe from the chief of the appointment department

A. Facts charged

Basic research is the main item of the research in the field of science and technology located in Daejeon Peong-gu 169 - 148

Government-invested research institutes established and operated with government contributions and other earnings;

c) For a basic annual affiliated organization, the Oral Center, the National Research Facilities and Equipment Promotion Center, and nine regional centers nationwide;

There are affiliated national fusion research institutes, etc.

The Defendant embling to the head of a foundation from May 24, 2008 to September 24, 2012 (the dismissal from office as of September 25, 2012) by the Defendant

(1) The Director of the Basic Year’s Office shall represent the Basic Year’s Office, exercise overall control over its affairs, and the employees under his jurisdiction.

Authority over overall management, such as direction and supervision, and appointment and dismissal of employees, promotion, remuneration, service standards, and disciplinary action;

The authority for the overall personnel is granted, such as others.

In addition to salaries, the Defendant’s primary research institute’s principal project implementation through the implementation of the research task.

in the second and second half of the year, and in the case of the entrusted project, there is an incentive from time to time.

A certain amount of incentives shall be paid for the first time to cover external activities and incentives from them.

By means of raising one's own funds.

(1) the first half of 2009 (Appointment chiefD)

In March 2009, the Defendant’s office at the basic director’s office, and at the time, “a body” to the senior director’s office at the time.

In operating, cash is more than thought. The cost of not dealing with receipts is more than that of dealing with them.

in cash is required. The phrase “high,” and even thereafter, the word to the same effect is repeated and static.

It was required to create cash funds to the public.

Madd Dud Dud Dud Dud Dud Dud Dud Dud Dud Dud 209

When the time of the payment of 's major business incentives' in 2009, the time of the payment has been from the persons eligible for incentives.

The method of raising funds by collecting a certain amount of the incentives received shall be presented to the defendant.

the defendant's consent at the seat, and then the major subject of incentives at that time.

KimE, the UCC, this II, the TransitionJ directly or by telephone, among the project managers,

order and with his consent, collect 3,00,000 won out of his incentives and Kim E, UCC;

From this II, 1,00, 000 won and 500 won and 6,500,000 won and 5,000 won and 5,00

The source was prepared.

The Defendant, in August 2009, at the lower court’s senior officer’s office, shall be held by the Defendant, and shall be held by the senior officer’s office.

The order of the Executive Director Kim KK to leave the funds to the Executive Director Kim KK, and accordingly, the appointment director D.

Around that time, 6,500,000 won prepared as above were delivered to the Executive Director Kim KK, and KimK

Around that time, separate accounts for non-financial management (the name of KimK, Kok Bank 4**********************)

the defendant at the request of the defendant, he has deposited KRW 6,500,000, and then has withdrawn in cash whenever requested by the defendant.

Defendant issued a bribe of KRW 6,500,000 in connection with the duties of the basic director

was received.

(2) In the second half of 2009, the first half of 2009 (Appointment chiefD)

The defendant is a major business in the second half of December 2009, in the first half of December 2009, in the second half of December 2009.

The purposes of the preceding paragraph are to be applied to the senior secretary-general in the form of the report “as a result of the Congress external evaluation.”

As incentives are required to prepare funds, "At the end of the year, there are more incentives than the first half of the year."

Along with those who have paid the money, the Minister of Justice instructed him to do so. Along with the time when the Secretary-General was appointed.

MaE, UCC, CI, and JeonJ directly from among the major project managers subject to incentives; or

C. 5,000,000 won out of his incentives with their consent, by explaining the above circumstances and obtaining their consent.

each of them shall be collected by each of each of each of the following: Kim E, KimE, and this Section, 2,000,000 won, 2,000 won, 2,000

1. In 1,00, 000 won were recovered and 11,000,000 won were collected in total.

The Defendant, at the lower court’s office on December 2009, shall be held by the Defendant, and shall be held by the senior chief of the office as above.

The order of the Executive Director Kim KK to leave the funds to the Executive Director Kim KK, and accordingly, the appointment director D.

A around that time delivered KRW 11,00,000,000 prepared as above to the Executive Director Kim K, and administration

The head of Department KimK shall keep 11,00,000 won received as above in his principal harassment, while keeping them in custody.

At each time a senior person requests, cash was taken out and delivered to the defendant. Accordingly, the defendant is based on annual relations.

With respect to the duties of the president, 11,000, 000 won were accepted as a bribe.

(3) the first half of 2010 (Appointment chief Kim E-E)

The Defendant’s basic research in the lower court’s senior officer’s office in July 2010, and the senior officer’s KimE

Business promotion expenses reflected in the budget are insufficient to engage in external activities. The current business promotion expenses are separated from business promotion expenses.

There is a need for gold. It is necessary to receive money from the principal project managers. Detaileds are full-time appointments.

It shall be asked to the head of Do Do Do Do Da. "."

The appointment chief Kim E-E shall have the method of collecting incentives against the former appointment chief DoD at that time.

of the principal project manager subject to the following incentives: MaF, L, MF, KimN; or

CC, Kim00 directly or by telephone with their consent by explaining the above circumstances;

Of one’s incentives, KRW 4,00,000, and KRW 000 shall be withdrawn, as prescribed by the Presidential Decree, EF, L, and maximumM, respectively.

1. The sum of KRW 1,50,000, 750,000,000,000 each from KimN, Kim N, UCC, and Kim 00, respectively.

10, 750, 000 won were prepared.

Defendant Ma, as above, at the early August 2010 Master’s Office, at the senior Secretary Kim E-E in the early May 201.

The Minister of Justice directed the Director of the Administration to leave the funds to Kim K, and accordingly, the Director Kim E

A around that time delivered KRW 10,750,000, which was prepared as above, to the Executive Director Kim K, and the administration

The head of Department KimK shall keep 10,750,00 won received as above in his house-balone, while keeping them in custody.

At each time a senior person requests, cash was taken out and delivered to the defendant. Accordingly, the defendant is based on annual relations.

In relation to the duties of the president, 10, 750, and 000 won were accepted as a bribe.

(4) The second half of 2010 (Appointment Director Kim E-E)

The defendant, in the second half of December 2010, is a major business in the second half of December 2010, in the Basic Staff's Office for Police Officers.

In the process of approving the “NE Payment Bill”, the Secretary Kim E-E of the senior Kim.

From the person in charge, there is a difference in the number of people in charge, and the "high direction" was given.

The senior chief KimE-E shall have the right to receive incentives from among the chief operators subject to incentives around that time;

MaD, this II, or KimP, directly met or by telephone, explain the above circumstances and its consent.

shall collect 7,000,000 won among its incentives and shall be from L and MF respectively.

3 , 00, 000 Won, 4,00, 000 from MaD, 2,000, 000 from this II, 2,000, 000 won from MaP

From 3, 500, 000 won were collected and 22,500 won was prepared in total.

The Defendant, at the early January 201 senior officer’s office, from the senior officer KimE, as above, at the senior officer’s office, in January 201.

Upon receipt of a report on the development of 22, 500,00 won for non-funds, the administration, not subject to incentives;

장 김KK , 기획부장 박QQ에게 보상 차원에서 각각 2 , 500 , 000원씩 지급하는 방안을 건

upon receipt of the notice, and then received the remainder of KRW 17,500,000. This is based on the following:

In relation to the duties of the president, 17, 500, and 000 won were accepted as a bribe.

(5) the first half of 2011 (Appointment chief F)

Defendant’s approval on major projects in the first half of July 201 in the first half of July 201, in the first half of July 201.

The person in charge of the major project subject to incentives collection in the process of approving the 'TB Payment Bill' shall be himself/herself.

'MaR, SS, KimPP', which is dissatisfied with or for which it is unclear whether to maintain the confidentiality, 'E', MaD, this

To replace TT with ‘T' and at the same time to prepare cash funds in the same way as before.

(c)

The Chief of the Appointment: KimE, MaD, among the major project managers subject to incentives at that time;

I have obtained his consent, directly or by telephone, by explaining such circumstances as above.

Of incentives, 4,000,000 won shall be collected, and 2,000,000 won shall be collected, KimE, MaD and this Part, respectively.

In each withdrawal, 10,00, and 000 won were prepared.

The Defendant, at around July 26, 2011, set up such terms as above from the Standing Director General, from the Standing Director General.

SECTION 10,00, KRW 4,000 out of KRW 00, and KRW 000 out of KRW, and KRW 6,000 on August 25, 201; and 00 on August 25, 201.

The Defendant received a bribe of 10,000,000 won in connection with the duties of the basic director. Accordingly, the Defendant received a bribe of 10,000 won in connection with the duties

was made.

(6) In the second half of 2011, the first half of 201 (Appointment Secretary F)

The Defendant shall audit the basic annual performances of the Board of Audit and Inspection at the early December 2011, and the basic annual performances of the Board of Audit and Inspection.

The appointment officer, who has presented negative opinions on the withdrawal of incentives on the basis of an estimate, etc., shall be appointed

"The cash is frighten and frightened, so it is necessary to do so."

The chief of the senior executive officer shall, at the direction of the Defendant during January 2012, give his incentives to the police officer.

1,000,000 won among them and 2,000,000 won from MaD, 1,000 from this II, 1,000,000 won, respectively.

Each investor has prepared 4,00,000 won in total.

In February 21, 2012, the Defendant, at the basic research room, was arranged as above by the Chief of the Appointment Department F.

4. The Defendant received KRW 4,000,000,000 in relation to the duties of the basic director. Accordingly, the Defendant is entitled to KRW 4,00,00 in relation to the duties of the basic director.

the acceptance of the bribe.

B. The judgment of the court below

The lower court acknowledged the facts as indicated in its reasoning and based on the following circumstances:

All facts charged are found guilty.

(1) The defendant has received each of the above facts charged from the senior officer.

The statement of the persons involved in the collection, including the chief of appointment, is generally consistent;

c) the statements are consistent and reliable, and have been submitted with respect to some donors.

In support of the contents of convergence transactions, the chief of appointment of each amount stated in the above facts charged by the defendant.

such facts as have been received from them may be recognized.

(2) As to whether each amount received by the Defendant from the senior chief is a bribe

The Defendant, as the president of the basic research institute, shall have the authority to direct and supervise the employees belonging to the basic research institute.

(2) in a position to exercise an official or de facto influence to them, and the officer

A request for cash has been made to the chief officer who may not easily refuse his request, and the appointment department

The heads do not give at least disadvantage to the defendant, who is the president of the basic year, in terms of business relations.

The defendant's station appears to have given money in expectation that he/she did not appear to have a favorable attitude;

(1) The act of performing his duties, recognizing this impliedly and receiving the money from the chief of the appointment;

be a bribe received in return for it.

(3) As to the defendant's appeal

The defendant is merely in accordance with the previous practice that collects expenses and uses them together.

Although there is no relevance, it shall be changed to the president's facilities or the defendant's term of office.

Some of the heads, including the chief of appointment, collect some of their incentives and gather them.

Even if there are cases, ① in this case, the chief of the first appointment of the defendant, unlike the previous one.

(2) The defendant is directly and severally in the process of gathering cash by the chief of the appointment;

(3) The defendant is more cooperative in collecting incentives.

that the person to whom incentives have been granted was changed (the defendant)

the appointment officer at the time, only approved by the FF as proposed and approved by him/her.

The defendant asserts that the person to be paid is not changed, but the defendant decided that the person to be paid incentives is not eligible.

is the final approval authority, and the appointment officer of the FF is a special appointment officer, such as change of assignment, overseas dispatch, etc.

Although there is no circumstance to change the person entitled to incentives in violation of the previous practice independently;

Since there is no motive for the defendant, the above argument by the defendant is difficult to accept) and 4.

An individual who keeps or directly holds the cash so gathered through the executive Director Kim KK;

In full view of the fact that the defendant used the above cash, the defendant received money from the senior director.

The act does not seem to be an act in accordance with the previous basic practice.

C. Judgment of the court below

(1) Relevant legal principles

In criminal trials, there is room for a judge to make a reasonable doubt about criminal facts.

It is reasonable that it should be based on strict evidence of probative value, which leads to such conviction.

the prosecutor’s proof does not reach such a degree as to cause such conviction.

the defendant's assertion or defense is contradictory or not open to the court, and the defendant's suspicion of guilt is doubtful.

Even if we do so, the interests of the defendant should be judged.

On the other hand, the fact that the defendant was identified as the recipient of money in a case where the issue is whether to receive money

money and valuables shall be provided in the absence of objective evidence, such as financial data to deny and support this.

In order to acknowledge a conviction only with a statement of a person that he/she was guilty, the statement of the person is admissible as evidence.

not only should there be credibility to exclude a reasonable doubt, but also whether there is credibility

When determining whether or not the content of the statement itself is reasonable, objective reasonableness, and consistency in before and after the statement

In addition, whether he or she has an interest in his or her human being, in particular, a charge of any offence against him.

(2) If there is a possibility that the investigation of the suspected charge may be commenced or the investigation is under way;

the admissibility of the statement is denied because there is a doubt about intimidation, return, etc. using it.

any effort to escape from a brupted position, even if it does not reach the applicable extent, shall be

It is also necessary to also examine whether it may affect (Supreme Court Order April 28, 2011).

2010Do14487, supra.

(2) Determination

The judgment of the court below is affirmed in light of the following circumstances acknowledged by the records:

It is difficult to accept it.

(A) The progress of the instant case, the summary of the statement of the Defendant and other evidence relations

1. Progress of this case

This case shall be audited by the Board of Audit and Inspection in the first half of 2012, in particular the president.

(2) On September 2102 based on the audit results after the audit of the corruption of the accused

From the beginning of the prosecution investigation into the defendant, various items, such as "public conflicts", "Bribery of bribery", and "occupational embezzlement", etc.

Investigation is conducted under the name of the crime, and is finally prosecuted under the name of the crime of bribery around January 2013.

The investigation by the Board of Audit and Inspection is mainly a place where the defendant cannot use the corporate card.

The number of prosecutions has been investigated based on whether the funds have been raised for the purpose of use;

the Board of Audit and Inspection, focusing on whether the defendant's act constitutes a criminal act.

Investigation is conducted mainly by the statements of the person concerned, but the prosecutor's office has conducted the basic incentive payment details and the statements.

As a result of searching and searching the financial accounts of related persons during the investigation process, the executive Director Kim K in 2009.

The accounts that have been managed by the first half incentive incentives have been discovered, and the fact that the YV, the head of the external cooperation department, was the YV.

In the second half of the year of 2008, it was revealed that the Dod Dud Dud Dud has gathered incentives.

the second half of 2008 shall be collected voluntarily by the chief without the involvement of the defendant.

As a result, I stated that the parent amount of this case is different from its nature.

(2) Details of the statement and evidence of the defendant

Defendant’s money (hereinafter referred to as “the Defendant’s money”) with each incentive of HundD, KimE, and FullF

Part of the collect amount of each case ( approximately KRW 7 million from the Executive Director Kim KK, and the Chief of Appointment

approximately 4 million won from Kim E-E, approximately 4 million won in total, including approximately 15 million won in 15 million won in full from the dueF

The fact that the receipt of the money exceeds the above amount is denied even if it is recognized that the receipt was made.

In respect of the circumstances in which the above KRW 15 million was received, as described in this part of the facts charged, the reasons why the above KRW 15 million was received.

The defendant was requested to collect incentives from senior officers in cash and received.

In addition, we consider that the common expenses collected from the chief of appointment should be used when necessary.

It is stated that part of the money has been used for the institution activities.

On the other hand, since the investigation by the Board of Audit and Inspection, each of the funds of this case is collected under the direction of the defendant.

the sum of all the following amounts shall be collected and delivered to the Executive Director KimK designated by the defendant in cash (2009)

Delivery to the defendant directly or to the defendant during the first half of 209, the second half of 2009, the second half of 2010 (the second half of 2010):

The statement is made in the first half of 201, the second half of 2011, the second half of 2011, and the above KimK-do's statement.

The statement is made to the effect that it conforms to the above.

On the other hand, related persons, such as basic research researchers participating in the collection of incentives by senior officers, shall

(1) The results of ascertaining the details of incentives or incentives and the financial transactions, etc. thereof;

according to the time, amount, method, etc. of payment of the collected amount paid by them are stated.

In full view of the statements made by the interested parties of this case, each of the instant cases by the senior officers

It is recognized that the amount has been collected, but the objective data, such as the details of the financial transaction, is not collected.

in the absence of, and with respect to some of the contributions, the appointment of a fund-raising entity as follows:

The statement of the funeral is reversed, and the money and valuables are brain to the defendant by the chief of appointment.

In order to determine whether or not a provision has been given as a thing, the nature of each of the above parent amounts (the chief of appointment);

At the request of the defendant, the chief of the election, or the chief of the

money collected to be used as common expenses for the institutional activities of these and other executives;

(2) The amount of the money actually delivered to the defendant and the reasons for the issuance thereof (the chief of the appointment

whether each collection has been paid in full or not, or the chief of the election division has collected each amount from the defendant;

A kind of joint use proposal, and whether the defendant uses only a part of the amount he/she has received)

and directly into evidence of this issue, the appointment director, MaD, KimE, MaF

The degree of the statement of the chief executive officer, Kim KK is a major evidence. However, their statements are viewed as follows.

As such, its credibility is limited, and it is sufficient to recognize this part of the facts charged.

It is difficult to consider it as having been equipped with.

(B) The nature of each of the collected amounts of this case

In full view of the following circumstances shown in the record, each of the amounts of this case shall be based on the basis of the records:

(1) The senior director, as in the case of an incentive collection practice previously

funds of the nature of common expenses created for the institutional activities of other executives;

The chief of the performance appointment department shall propose a kind of common use of the above money to the defendant and shall be

only the amount to be delivered to the defendant, and the remainder shall be used as common expenses for the foundation of the

such possibility or reasonable doubt may not be excluded.

① Existence of incentive collection practices prior to the instant case

At the time of the payment of incentives in the second half of the year 2008 immediately preceding the instant case, the appointment director Do governorD

Incentives are gathered from itself and YellowV (the head of external cooperation department at the time), the UnitedCC (the head of the policy research department at the time), etc.

I created the common expense of KRW 6.5 million and had the above V manage it, and the above amount is fixed.

D. An agency activity (such as meal expenses, entertainment expenses, etc.) was used by YV, etc. ( approximately 30 out of them)

10,000 won, approximately KRW 200,000,000,000,000 for the Defendant’s wife’s purchase of air tickets, respectively.

and even in the year 2006 and the year 2007, the president of the FF, who was the chief of the office at that time, has been employed.

F. F. F. F. F. F. F. F. in the court of the trial.

The fact that the collection was reported to the president at that time is the same.

In light of these circumstances, the basic year from around 2006 to the immediately preceding 2008

Until the second half of the year, the chief of the appointment department has collected incentives and has created common expenses, and the expenses for meals;

It appears that there was a practice that is used as agency activity expenses, such as entertainment expenses (in the basic year, the annual award);

According to the rating of evaluation for employees belonging to most research departments over the half-year and twice in the second half of the year;

principal project incentives shall be paid. The conduct of entrusted research projects shall be entrusted by outside.

agency business incentives shall be granted only to those who are engaged in research by taking advantage of their duties.

shall be urgencyed).

② The management form of each amount raised in the instant case

The above yellowV used in the second half of the year 2008 after August 2009

75,000 won was transferred to the Executive Director Kim KK, and Kim K, on August 25, 2009, the above money was transferred to the Executive Director Kim KK.

National Bank in one’s name established to manage 6.5 million won for the first half of 2009.

The investigation records were deposited and managed together with each other (2591, 2592 pages).

In April 2012, Kim K has managed (6,500,000 won) in the audit by the Board of Audit and Inspection of the Board of Audit and Inspection.

? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?

At the time of the request of the president, I provided the president with money in return for each demand. "..."

public trial records (201 pages) and in the prosecution, the existence of the above account is revealed.

(B) one bank account under the name of the national bank account, and 650

and delivered each time it is deemed necessary by the head of the Tong after all of the members have been deposited.

C. The statement "(2568, 2569) was partially reversed, and the statement was reversed.

"At the time of audit by the Board of Audit and Inspection, there was a separate account in which the accounts managed the funds at the time of audit."

If there is a statement that the problem has been raised and that there was a custody in the match because of the same idea as the problem.

In fact, the account was deposited and managed. The statement "(Investigation Records 2569 pages 2569)" was made.

As above, the balance of the collected amount in the second half of 2008 and the first half of 2009 of this case

The collection is jointly managed from the same account of Kim KK, and Kim KK's management account

In light of the intentional concealment of existence, etc., the upper half of 2009 of the instant case also the upper half of 2008

like the mother in the second half of the year, the appointment department Do Do d d d d d d d t

of the first half of the year 2009, there is a question that it would be common security created for such purpose.

details and financial resources (financial resources, main business incentives) thereafter, and thereafter (in the second half of 2009, the second half of 200);

The chief of appointment of the Do in the first half of 2010, the second half of 2010, the second half of 2011, the second half of 2011, and the second half of 2011)

It is difficult to exclude the possibility of common guard created for the institutional activities of new and other executives;

(3) The place where the amount raised during the first half-year period in 2009 is used.

6,000,000 won from the account in which KimK managed the first half of the year 2009 of this case

Details that have been withdrawn throughout the session ( September 25, 2009, October 6, 2009, October 19, 2009, October 19, 2009, October 22, 2009, October 22, 2009, and October 22, 2009;

10. 23. 23. 1 November 23, 2009. 25. 1. 25. 2591 of the investigation records) The date of each withdrawal or around that time.

It is confirmed that there has been a large event on the basis of the basic year ( September 25, 2009). The establishment of research facility equipment and equipment promotion center

Food, from October 7, 2009 to October 9, 2009, 10 weeks National Research Council-established by the Research Council, and the President of Hungary National Science;

For the purpose of this Act, the President of the National Assembly on October 19, 2009, the President of the National Assembly on October 22, 2009, the President of the National Assembly on May 22, 2009, and the President of the National Assembly of the Republic of Korea.

The Council, on October 23, 2009, Mag-Ma, November 23, 2009, the internal evaluation of major projects, and the investigation records;

Above 793 up to 795 pages), KimK also in the original trial, “In the event of the foregoing exercise, she shall hold a meeting or set up two vehicles.”

(2) The court shall have made a statement to the effect that the court may not formally deal with the

Appendix 496 pages)

(4) Restrictions on the credibility of statements made by persons concerned, such as chief appointment officers, shall be placed.

A statement of MaD on the amount of the first half and second half of 2009.

Madd's own as above before creating the first half of 2009.

Compilation incentives for the second half of 2008 and use them until August 2009 after creating common expenses.

(1) The first half of 2009, even though he was well aware of the means of raising incentives by experience;

"Methods of preparing cash by collecting some incentives" in the prosecutor's office in relation to the amount of such money.

(2) with respect to the circumstances suggested by the Defendant, the Secretary of the Extraordinary in 2007,

The words of whether it is outside the method of preparing cash by collecting part of it, and the memory has been passed.

C. “The investigation record was written (2370 pages 2370).”

In addition, RuleD also prepares cash by using the "drawers first using major business incentives" in the prosecution.

whether the president of the ParkA had been presented to the president or not? The process of responding to questions called "the process of responding to questions"

The answer was made to the effect that it is easy to cover one another (2370 pages 2370 of the investigation records), and "the fact that there was money collected" is true.

Whether or not the funds of the president of the ParkAA? Whether or not the defendant has not speak during the 's question' is private;

The answer was made to the effect that it is non-funds.

As above, HoD collected incentives in the second half of 2008, the previous year of this case, and shared expenses.

of 2007 referenced to the unification at the time of the FI of 2007 by the Secretary for the concealment of facts created

This is the quality of the prosecutor's office concerning the details of the amount of money raised during the first half year in 2009 and the use of the funds.

Along with the attitude that sees to see or see in the aftermath or unreshing, etc. during the cover;

As seen earlier, the amount of the first half of the year 2009 was deemed to have been raised.

In light of the fact that there is a possibility of money of the same nature as the amount in the second half of 2008, the immediately preceding person

In this regard, it is difficult to fully grant credibility to the statement of Maddd's.

(b) Statement by Kim K on the amount of the second half of the year 2009

KimK shall be the first half of the second half of the year 2009 of this case and the first half of the first half of the year 2009.

6.8 million won for the preservation of the defendant's monthly salary in December 2009, one million won for the defendant's annual salary in December 2009, and one million won for the defendant's annual salary.

The amount of 2.5 million won shall be disbursed in the preservation of the light investigation expenses in 2009 paid by the President Kim W of the General Affairs Team KimW.

S. 700,000 won was delivered to the defendant, and the upper amount was almost reduced around December 2009.

C. “The statement was made to the effect that it was “(the investigation records No. 2575, No. 2575, No. 486-488). However, KimK

The pocketbooks submitted to the Board of Audit and Inspection before April 2012 shall be from December 30, 2009 to April 29, 2010.

There is a statement that the defendant paid the sum of KRW 10,100,000 to the defendant (the first instance court decision 2013.11.

21. The inquiry of the fact to the Board of Audit and Inspection of the Republic of Korea

part of the contents stated in this section shall be at the time of paying money to the defendant, and some of them shall be

It is an additional statement that memory is retroactively stated in the book. The book does not contain details.

Highly, the statement was made to the effect that it is not correct (500, 501 of the trial record).

-patch).

In addition, Kim K kept the amount collected in the second half of the year of 2009 of this case in one's house harassment.

A statement was made to the effect that the defendant was delivered to the defendant whenever requested by the defendant.

Examining the above statements, Kim K recognizes that there are some errors in the above pocket book.

Considering the fact, the number of times for the use of the collected amounts in the second half of 2009 of the instant case

The contents of the intelligence and the contents of the statement by Kim KK are inconsistent with those of the above statements, and the use of each amount indicated in the above statements is inconsistent with:

The details of such use are unclear, and such use shall be directed by the defendant.

KimK, even if not, can be fully paid with the money of the nature of the common expenses.

A bribe of a defendant who shall take part in the statement whenever requested by the defendant.

The portion that was stored in one's house, other than the office, shall also be able to obtain a hot spring.

Therefore, the credibility of the Kim KK's statement on the amount of the second half of 2009 is limited.

A statement of KimE on the amount in the first half and second half of 2010

KimE-E has arranged the contents of the statement in the audit by the Board of Audit and Inspection on March 2012

3. Having drawn up the day, the note "(s) shall be entitled to take action against the President, Na."

4 . 다녀와서 내가 할 말 ( 버텼다 ) , 5 . 내가 최대한 안전할 수 있는 길 ( 비리에 최소로 포

that there is no active participation, and that there is no participation in the investigation, and that there is no participation in the investigation.

C. (No. 852 pages) An investigation record.

In addition, KimE shall increase the defendant in relation to the second half of 2010 incentives in the prosecution.

There was an instruction to the effect that “the investigation records (2602, 3699 pages 2602, 3699) was given, and the court below and the court court in the trial.”

§ 436. Statement to the effect that the Defendant was not given (the trial record No. 436, the trial record No. 3. trial records)

Of these, the KimE part 3 pages) reversed the statement.

As above, KimE shall reduce and conceal the degree of his participation in this case from the Board of Audit and Inspection.

The approval of the defendant seems to have been prepared, such as preparing a note with the intention of seeking to do so,

The order to increase TBE is about the process of collecting and using the collected amount in the second half of 2010 of the instant case.

In light of the fact that the KimE’s statement on this part was reversed, the KimE’s statement on this part was an important circumstance.

The credibility of statements is limited.

D. Statement of dueF on the amount in the first half and second half of 2011

F. F.IF. In relation to the upper half-year amount in 2011, in the prosecution, "T is 2 million won."

(1) in the case of having withdrawn KRW 3,300,000 from the account with the intent of not making payment to such account, and in the case of cash

700,000 won was collected in total by adding 700,000 won to 700,000 won.

B. In the original and the first instance court, "T has paid KRW 2 million when collecting the first half-year incentive in 201."

D. “Statement to the effect that it was made” (No. 480 of the trial records, No. 3 of the trial records, No. 13 of the trial records)

The statements have been reversed (this part of the facts charged is that the person collected 2 million won from this T.T.)

In the first instance, "at that time this account is given to the prosecutor's office with her flocks."

No. Ha means that he reported the account and she ever fly fested it (for this reason, the witness account).

I see that I made a statement in line with the account? I do so. 7 July 2011.

26. The amount of KRW 2 million, out of KRW 3.3 million withdrawn to the Defendant (the Defendant) was returned to the Defendant. The statement was made “.”

(In this part of the facts charged, the FF collected four million won or more.)

In addition, the FF is not sufficient for the prosecution in relation to the amount that was found in the second half of 2011.

1.0 million won, this Section collected a total of 4 million won including one million won, and this Section collected a total of 1 million won.

3563 pages), however, drawn up by the FF before it was audited by the Board of Audit and Inspection at the end of February 2012

Files (Investigation Records, No. 857) “IF excluded Mad 2 million won, this Section 2 million won,” and “IF.D. Mad Mad 2 million won,”

TT 1 million won flives, etc., and in the court below, the correct flives “T” means flives.

From 100,000 won has been received and the original has been delivered first, and later.

It has transmitted KRW 4 million to 4 million. It is correct to write in the domains. "The statement (the trial record 4.80 of the trial record)"

2) The statement was reversed by the lower court.

F. F. F. F. F. F. A statement on the amount that was circulated in the first half of the year and the second half of 2011

In addition to the reversal without presenting the reason, according to the contents of the reversal, this part of the reversal

No compliance with the number of persons subject to collection of claims and the amount collected, and some statements shall be made by them.

A statement on the basis of a correct memory, not a statement on the basis of an account transaction, etc.;

The credibility of the FF's statement is limited.

(5) Profits derived from a statement.

As seen earlier, this case shall be audited by the Board of Audit and Inspection on the basis of the initial year, in particular:

On the basis of the result after the audit of the corruption of the defendant who is the president has been conducted;

In the case of the prosecution investigation, the question and answer in the course of the investigation themselves are the group of non-funds.

the term "or" was used, but the term "or" was not used in relation to any other term, such as "or"; or

D. In the course of the investigation, the chief of the office of appointment D, KimE, the Chief of the Government or the Chief of the Administration Kim KK

In this regard, there is no trace of being investigated as a case of ‘influence of bribe' or ‘influence of bribery'.

In light of these circumstances, the chief of the above senior officer or the chief of the administration at the time of the instant investigation.

There was no perception that the bribeer or the accomplice of the acceptance of a bribe would be punished.

in the investigative agency and court until they are subject to criminal punishment on their own;

It is difficult to see that the statement was made, and the appointment of a person who led to the collection of each of the amounts of this case.

In the position of the chief of the department and the chief of the administration who has been in charge of at least part of them, each of the copies of this case

The extent or volume of their involvement by making a statement that the amount is intended to be paid to the defendant;

of the intention to reduce it, there is a possibility that the Do has made a statement more or less than actually or less by making a statement.

In addition, around May 2008, the defendant was appointed as the president of the basic research institute and approximately one year passed after he was appointed as the president of the basic research institute

The authority of the head of the research department shall be reduced and the head of the research department shall be in charge of the reorganization of basic research institutes around 2010.

(E) continue to be between the chief class researcher and the chief class researcher in accordance with the reorganization that separates the powers of the officer.

The conflict was occurred, and the chief of the department, such as Edd, YV, etc., shall provide personnel assistance to the chief of the department, and the chief of the department.

연구원들의 반감을 샀으며 , 이에 2011년 5월경 피고인이 원장을 연임하는 과정에서 부

In most cases, the senior researchers were negative in the reappointment of the defendant.

(C) The defendant's act of receiving part of the collected amounts of this case constitutes acceptance of bribe.

Whether there was any intention to accept the bribe against the defendant and whether there was any intention to accept the bribe against the defendant.

In light of the following circumstances, part of the collected amounts of this case by the Defendant

(1) If the action is not an action to receive and use part of the common expenses, it is merely an action to receive and use the part of the common expenses.

It is difficult to see that the acceptance of a bribe with good faith and quid pro quo is applicable to the defendant, and the acceptance of a bribe.

It is difficult to deem that there was an intentional act.

1. As seen earlier, each of the amounts of basic contributions in this case was previously accrued from the beginning of the year.

like the case of incentive collection cases, the chief of the appointment department shall have their and other executive members

Possibility of being the funds of the nature of the common expenses created for the activities of the public and the chief of the appointment shall be avoided.

by proposing a kind of joint use with respect to the above money, only some of the amount shall be the defendant.

(1) the possibility that the remainder has been used as a common expense for the basis of the basic plan;

subsection (b) of this section.

(2) "E" in the prosecutor's office and the lower court's office, "E" in the first 2,250 of the amounts raised during the second 2010s.

Head of administration, Kim K, who is unable to receive incentives at the direction of the defendant after gathering only 100 won

에게 250만 원 , 기획부장 박QQ에게 250만 원 등 합계 500만 원을 지급하고 나머지

1. Only KRW 7.5 million was delivered to the Defendant. “The Defendant made a statement to the effect that it was “(the investigation record No. 2604),” and the trial

기록 436면 ) , 당심에서 " 2010년 12월경에 김KK과 박QQ에게 250만 원씩을 지급하면서

The money referred to as "assigning part of the incentives of the chief of the Department of Research"

I stated to the effect that the proposal is personal. It was written to the effect that it would be personal.

C. (No. 4 pages of KimE in the third trial records)

On the other hand, KimK's test 2.5 million won out of incentives that the head of KimE appointment department received by him/her.

this audit is known to the public, and only some of the incentives have been collected through the audit.

Recognizing that it was the money which was paid for the test at the direction of the Park Jong-young, it is the most recent.

고 진술하였고 ( 수사기록 2580 , 2581면 ) , 박QQ는 " 막연히 저처럼 지원부서의 장들은 인

The head of the research department shall not be eligible for the incentives received by the head of the research department because he/she is not fully able to obtain the incentives.

I have been aware that some of the tests were accepted. "I have stated" (in the investigation records)

2158).

Even if the above statements are in full, they are used in an unlawful manner with an unlawful amount.

In addition, some of them are not substantially paid to the defendant, but rather paid to the defendant.

As used for the purpose of payment to employees who are not paid a license, this is in itself a position

Does it be doubtful as to whether the received amount constitutes a bribe because it is unclear whether it constitutes a bribe;

It is doubtful whether related persons, including the defendant, recognized them as money transaction of acceptance of bribe.

(3) The relevant persons, including basic researchers, who participated in the collection of contributions in the instant case, shall lend a loan.

of the Board of Audit and Inspection or the head of the investigation agency shall give a bribe to a criminal defendant.

section 10(b)(3)(3)(2)(3)(1)(2)(3)(3)(2)(2

I seem to have participated in each collection.

(3) Sub-decisions

Therefore, this part of the facts charged is excluded from reasonable doubt only with the evidence submitted by the prosecutor.

The judgment of the court below convicting this part of the facts charged even though it is difficult to see that it was proven enough.

There is an error of mistake in mistake of facts in 3)

3. Determination of misconception of facts as to the direct receipt of bribe

A. As to the acceptance of bribe from UCC

(1) Facts charged

Defendant’s business entrusted from time to time by the Head of the SPCC at the SPS’s SPS Office on June 2009.

References to the fact that incentives have been granted to the UnitedCC, “s many money to engage in external activities”

(c) Cash is required. The term "satis," and it is necessary for the UCC to see how much it is necessary or not.

‘1,000,000 won will be paid back to 1,000 won.’ The cash from UCC around that time is required to be paid in a horse.

1. The Defendant received a bribe of KRW 1,000,000. Accordingly, the Defendant received a bribe in connection with the duties of the basic director.

was made.

The Defendant, in addition to this, requests the UCC to cash in such a manner as above, and as the UCC.

From that time to December 2010, five posts in total, as shown in the list of crimes in attached Form (1) from that time to that time,

in total 14,00,000 won received and accepted a bribe in connection with the duties of the basic director.

(2) The judgment of the court below

The lower court acknowledged the facts as indicated in its holding and, in light of the following circumstances:

The reason that the defendant can be recognized as receiving cash 1 or 4 million won from UCC

This part of the charges was found guilty.

(1) The UnitedCC shall receive incentives in connection with entrusted research projects at the prosecutor's office and the original court.

In the process of giving cash to the defendant at the request of the defendant, specific and consistent statements

section 22.

1 ② At the time, the UCC had undertaken a number of entrusted research projects requested from outside the foundation.

I seem to have existed.

(3) The cash at the expense that the defendant used as entertainment expenses under Article XX in February 2010 for the police officer during February 2010

A statement was made that the actual Defendant demanded a golf-friendly relationship on February 20, 2010 with New XX.

The facts are verified and supported.

4. To receive 3,00,000 won in cash from UCC via KimK, the executive branch of which was the defendant.

not only coincide with the statements of the UCC and Kim KK concerning this, but also at the prosecutor's office and the lower court.

The UnitedCC has consistently accepted the money at the prosecutor's office and the court below. However, with respect to the time of receipt of the money, the UnitedCC shall

In March 2010, KimK stated that it was around March 201 and that it was at the prosecution around December 2009.

Although there is a difference, each statement of the UCC and Kim KK on the grounds or method of receiving money is consistent with each other.

Thus, the above circumstances alone cannot easily dismiss the credibility of the above statements.

(5) As to the UCC, the Defendant has made a statement on the part, etc. giving cash to the Defendant.

The defendant stated that he did not speak (as seen earlier, the defendant is also employed by other subordinate employees.

There has been a statement to the same effect.

(6) A ground for criminal punishment or internal disciplinary action against the defendant merely by giving an expert opinion (hereinafter referred to as "malary action").

Although it could be seen, it was stated that the UCC has granted cash to the defendant in a false manner.

It is difficult to see that there is no benefit to be obtained by UCC due to false statements, and there is no benefit to be obtained by UCC.S.C.

may be recognized for the purpose of this chapter.

(3) Judgment of the court below

(A) Of these facts charged, as regards Nos. 1, 2, 4, and 5 of the annexed Table of Crimes (1)

If the circumstances cited by the court below reveal the following additional judgments:

We affirm and accept the judgment of the court below that found the defendant guilty of part of the facts charged, and the appeal is justified.

There is no illegality in mistake of facts alleged as a cause of action.

1. As to Nos. 1, 2, 4, and 5 of the annexed list of crimes (1) among the facts charged in this part, attention is granted.

SCC’s consignment business incentives around the time whenCC granted each amount to the Defendant.

The bank account deposited (bank 1********************** the court of first instance on January 14, 2014, by written opinion of each party.

Attachment 3) The details of each corresponding amount withdrawn in cash do not seem to exist.

However, in the audit of the Board of Audit and Inspection, the UnitedCC has received each money from the bank account.

There is no statement to the effect that the withdrawal and payment was made (not more than 165 pages 165 of the trial record), and part of the prosecution

In the context of questions or answers, "the cash is found at the end of June 2009" and "the withdrawal in cash on September 2010".

(1) The expression, such as ‘refluencing in cash on or after December 2010,' can be seen as ‘reflucing in cash,’ but, in detail,

Questions or answers as to whether to find out from the bank account, and how much from a certain account has been withdrawn;

There was no objection (in the investigation records No. 2433, No. 3661, no. 3661) and this is also supported by the court below.

The trial records (not more than 574 pages 574). After that, the UCC in the trial of the political party “the money that the president had changed”

I have no time to recover the amount of money. Cash to a certain extent due to the absence of time for the institution to recover the amount of money.

the account was withdrawn because the President had almost different cashed, and the President had been withdrawn from the account.

I did not have such a concept. I do not know that the extent or twice has been withdrawn from the account.

(c) The statement "," and then the statement is made to the effect that "(or, if so, a witness shall withdraw from an investigative agency and make a statement to the effect that the statement is made;

It is true that money should be given because there is an incentive to do so?

고 , 그걸 받아서 그대로 뽑아서 뭘 하고 그런 것은 아닙니다 . 돈은 사방에서 들어오기

Do and B. This is because the statement is made (UCC in the fifth trial record).

Part 7, 8 pages) and specifically responded to the reasons.

In light of the above investigation and statement circumstances, the purpose of the statement made by the UCC is the entrusted business.

not to have withdrawn and paid the money deposited with incentives from the bank account;

Along with the deposit of a depository business incentive and entry into his or her income, he or she has its own around that time.

It is understood that he paid cash that he had been paid, and this part of the prosecutor's office and the court below's office are the issues.

As a result, the UCC did not have a significant meaning in the terms such as ',' 's withdrawal', etc. and made a statement.

It appears to have been, and only when it comes to the trial, the quality of counsel to confirm the meaning thereof in detail.

The above mentioned thoughts seems to be clearly stated in the text.

Therefore, the entrusted project of the UCC at the time when the UCC delivered each money to the defendant.

No statement that each corresponding amount has been withdrawn in cash from the bank account in which incentives have been deposited is not shown.

It is difficult to restrict or reject the credibility of the UCC statement on the sole basis of the circumstance.

(2) The UCC shall operate a studio business at the time its wife issues each of the instant funds.

(3670 pages 3670). In the case of a statement that there was time to do so, the researcher shall have a new wall.

A large number of banks with inconvenience in raising funds, and a bank shall keep up to 3 million won to 4 million won in cash at ordinary times.

The investigation records (2440 pages 2440) stated that they had been guilty.

In light of these statements, UCC on the circumstances of holding cash paid to the defendant

It is difficult to see that the statement is unreasonable or exceptional to the extent that it is difficult to understand it.

3. As to the facts charged in this part, the defendant directly seeks cash from the UCC.

as seen earlier, the senior director delivered each of the money. As seen earlier, the chief of the appointment

The nature of the act, form and amount is different from the mere response to the collection of each amount.

C. In addition, the matters that only the UCC and the Defendant are aware of and that other persons gather in this case.

statement is not likely to be dismissed unless the statement is made by itself.

If a true statement is made, the UCC is likely to assume criminal liability for the offering of a bribe.

The UCC shall be deemed to have high level, and the UCC shall be responsible for such risks from the beginning and the defendant shall be given each money.

there seems to be little room for false involvement in the statement because the statement was made that the statement was issued.

(1) The defendant was appointed by the president and the UCC was a person who supported the other candidate.

It is difficult to restrict or reject the credibility of the UCC statement solely on the sole basis of the circumstances.

(B) Of this part of the facts charged, as to Nos. 3 of the annexed Table of Crimes (1)

1) The lower court’s determination on this part is difficult to accept as it is.

In light of the following circumstances shown in the record, PCC around March 2010

3 million won delivered to the Head of the Government KimK is not by the direction of the defendant or at that time; and

The possibility of not being delivered to a senior person may not be ruled out.

① According to the evidence, including the statement made by the UCC, the executive president of the Office of Administration and KimK on March 2010

Heging a telephone to UCC that his head needs money, and the head of the U.S. Center has changed his head.

The fact that the CC demands cash of 3 million won, stating to the effect that 'Haba' is called 'Haba', and that this CC demand that the Defendant.

The end of February 2010 requires 3 million won again even if he/she received 2 million won at the end of February 2010.

The fact that the U.S.C., despite the fact that the U.S.C., the U.S.C. said that the U.S.C. and the U.S.C.

The fact that KimK found and delivered KRW 3 million in cash is recognized respectively.

However, as seen earlier, four remaining cases except this part (attached Table 1)

In the case of Nos. 1, 2, 4, 5, cash in the place where only the defendant directly has UCC.

of the executive branch only in the case of Germany. The request for money by telephone was made only by the executive branch.

In exceptional cases, 2 million won from UCC at the end of February 2010, which was already shown by the Defendant.

Now it is doubtful that there was a demand for KRW 3 million again because it has not been too much long since it was accepted.

Sphere.

(2) A sum of three million won delivered by the UCC to KimK around March 2010 shall be delivered to the defendant.

There is no evidence as to whether or not Kim KK has made a statement.

However, KimK shall audit by the Board of Audit and Inspection on the time it received the above money from UCC.

In March 2010, ‘A' was made by the Prosecutor at the Prosecutor’s Office (the page 211 of the trial records) and ‘A' was made by the Prosecutor at the Prosecutor’s Office on December 2009

A statement with the same effect as the previous statement (2576 pages 2576) reversed the statement, and delivered to the defendant

In the audit of the Board of Audit and Inspection, “A person himself shall have an envelope containing 3 million won by the UnitedCC.”

10,000 won, i.e., the president, and ii.e., the head of the Food and Drug Administration, i.e., the head of the Food and Drug Administration.”

In other words, I conveyed the envelope to the president. "I stated "(the trial record No. 212 pages)".

(A) In the prosecution, the Prosecutor’s Office has reported on the receipt of the Park KCC at the time the report was made.

(1) The Governor shall, whenever deemed necessary by the Governor while keeping and managing together with the funds of funds of interest, pay in cash.

D. The statement "(2577 pages 257 of the investigation record) was reversed.

As above, KimK’s statement reversed the above 3 million won statement at the time of receiving it.

In addition, the statement of the above UCC is also inconsistent with the statement and the defendant delivered the above three million won.

It is difficult to recognize credibility due to the reversal of the statements on the grounds of lack of consistency.

2) Accordingly, evidence submitted by the prosecutor alone is the facts charged in this part.

Although it is not enough to recognize the fact that he received KRW 3 million, he is guilty of this part of the facts charged.

The judgment of the court below is erroneous in misconception of facts.

B. As to the acceptance of bribe from UG

(1) Facts charged

The Defendant found the Defendant’s principal source of duty in the early November 2009, on the basis of SG in November 2009.

I would like to see that I would like to write the Institute for Research, and I would like to see that I would like to see the doctor's degree.

In this regard, I demanded the money to be given to the public.

Around that time, the Defendant instructed the Head of the Administration KimK to receive money from UG, and the Defendant instructed him to receive money from UG.

Accordingly, Kim K-K changed the 1,000,000 won by telephone to UG, and then the Kim K-K changed the 1,00,000 won.

Until now, I informed the Non-Financial Account (National Bank 4******************************) of its management.

UNG means on November 20, 2009 400,000, 11, 2009, 2000,000,000,000,000 for female employees on November 209

21. The above national bank account in the name of UG, 600, 000, 1,000, 000 won in total, 21.

and KimK shall withdraw 1,00,000 won in cash around that time and transfer to the accused.

was carried out.

Accordingly, the Defendant received a bribe of KRW 1,000,000 in relation to the duties of the basic director.

(2) The judgment of the court below

The lower court acknowledged the facts as indicated in its reasoning and on the following grounds:

The Court found the defendant guilty.

① The Defendant received 1,00,000 won in cash from UG via KimK.

Each statement of KimK and UG is consistent with that of KimK and UG, and the prosecutor's office and the court below are consistent.

the fact that UG remitted 1,00,000 won to the account of the National Bank in the name of KimK over two occasions.

The above statements conform to the above statements.

(2) In addition, the head of the UG without the direction of the defendant who is the president by Kim KK at the time of administration.

(1) In light of the circumstances where it is difficult to deem that a demand for cash was made, the new statements made by UG and Kim KK

ice is recognized.

(3) Judgment of the court below

Examining the following additional judgments, whether the court below stated the circumstances:

We agree with the judgment of the court below which found the defendant guilty of this part of the facts charged, and state as a ground for appeal.

There is no illegality of misconception of facts.

(1) The prosecutor's office and the court's statement in the UG shall reasonably contain statements on the grounds for payment of the amount.

financial transactions as well as the statements on the appraisal, response, etc. at that time;

The credibility of the statement is supported by objective data, such as details, etc.

② According to the statements of the above UG, the Defendant, around November 2009, as the researcher, to the UG around November 2009.

I would like to make it possible to pay money, so I would like to make it possible for the doctor to report it to the public.

In the past, the President of the Administration Kim K-K calls UG to the UG, and then the President of the Ng.

100,000 won is called as 'Ign' and 'Ign', 'Ig', 'Ig', 'Ig' to KimK'.

After receipt of the account number on November 2009 and November 21, 2009, the above guidance of KRW 1 million in total;

It is recognized that the remittance has been made to the account.

The following circumstances revealed in the above facts of recognition, namely, money paid by the Defendant to the UG around November 2009:

Since there has been a long-term reference in Section B, the Secretary of the Administration and KimK to the UnitedG from the UG.

The call was made to request KRW 1 million, and the actions to assist the defendant, who is the president at that time, to the nearest extent.

Kim KK, who was in the position of the president of the government without the direction of the defendant, requires the above funds.

In light of the fact that it is not likely to have been sought, the act from the defendant at that time is committed.

It seems that there was an instruction to the president of the government KimK on the receipt of the above money.

(3) The money remitted by the UG is common interest as seen earlier by Kim KK at that time.

to be deposited into the account in 2009, which appears to be the first half of the year 2009.

at the time of such deposit, however, the amount received by the UG would most be deemed to have been too small and medium at the time of such deposit.

It is difficult to see that the source is mixed with and managed, and the upper amount is collected with incentives.

On the other hand, the money remitted by the UG is paid regardless of incentives.

The nature of the funds is changed, and in this case, the executive president Kim at the direction of the defendant

When KK receives the above one million won from UG, the acceptance of bribe immediately shall be deemed to have been completed.

Since the above money has been delivered to the defendant, whether it has been used for private purposes

Whether the crime of acceptance of bribe is not affected by the establishment of the crime of acceptance of bribe.

④ In the course of the call between the defendant and the defendant around August 2012, the head of the UG shall be appointed by the head of the U.S. Department:

. There is no money for the president of the Republic of Korea. ... there is no money for the question ? ? ‘Iskn' which is ‘Iskn'.

The fact is recognized, but the GG has the phone call by the Prosecutor of the Office of Home Affairs.

Without any end, 'I am 'I am 'I am 'I am 'I am 'I am am' when she is her president'.

No money has been paid for a long time without memory of one million won or more, and there is no money to be paid in a net manner.

The answer was made as follows: “....”

approximately 2 years from the date of the above telephone communications, about 9 years from the date of the transfer of the above KRW 1 million by the UG.

The Executive Director is not the first half of month, but the second half of which is directly given to the defendant by the UnitedG at that time.

The case is that the remittance was made to the account of Kim KK and that the memory could not be achieved.

It is difficult to reject the credibility of UG statements on the basis of telephone communications.

C. Sub-determination

Therefore, among the points of acceptance of bribe from the UCC, the crime No. 3 of the annexed Table of Crimes No. 1

The assertion of misconception of facts by the deceased is reasonable, and the list of crimes in attached Form among the points of acceptance of bribe from the UCC.

(1) The defendant's mistake of facts as to the receipt of bribe from Nos. 1, 2, 4, 5 and UG

We cannot accept this Chapter.

4. Determination of erroneous determination of facts as to the receipt of bribe through the payment of an external trauma value on credit

A. Facts charged

The Defendant, during March 2010, at the Basic Research Center for Police Officers, at the Basic Research Center for Police Officers, to Hah.

‘680, 000' delivery of yellow series of yellow and yellow series, which is called ‘680, 000', and so on.

D. D. “Post-gu ○○-dong, Daejeon around March 24, 2010, by direction of Hah on March 24, 2010.

****** * Mabro dan in the underground floor of the building? Mabro dan in the corporate card, and the Defendant’s credit card.

by requiring the settlement of 680,000 won on behalf of a person to discharge an obligation equivalent to the same amount of credit;

It received a bribe equivalent to the same amount in relation to the duties of the basic director.

In addition, the Defendant’s above method from that time to April 201

For the purpose of this Act, this paper instructs the employees of the basic department, such as H, to settle the credit rating instead of the credit rating.

amounting to KRW 7,949,000 in total, as shown in the Schedule of Offenses (2) of the attached Table of Offenses, shall be settled instead of the amount of credit equivalent to KRW 7,949,00.

In addition, with respect to the duties of the head of a basic kindergarten by releasing the credit equivalent to the same amount from the obligation;

It received a bribe equivalent to the same amount.

B. The judgment of the court below

The lower court acknowledged the facts as indicated in its reasoning, and for the following reasons:

was found guilty.

(1) The defendant has received an amount of credit equivalent to KRW 7,949,000 from his subordinate employees.

Comprehensively taking account of the following circumstances known by the record, the Defendant’s separate crime

(2) It may be recognized that a party has received the credit amount from his subordinate employees, such as the list (2).

(c)

(1) The defendant also demanded that his subordinate employees pay the credit rating three times.

statement that there is a room.

(2) This HH, lL, Z, or (4) in receipt of a request from the president to pay the credit amount directly by the president.

Park A-a, UCC, LL, Gangwonbb, and C, for which H requested to pay the credit rating of the defendant by the credit rating of the defendant

aa. A. B. L. L. L. L. L. L.C. H. L. L. L. L. L. L. L.C.

QQ , 김cc , ② 라이브 노래주점 경영주인 안dd의 검찰 및 원심에서의 각 진술들이 일관

and the defendant's credit rating settlement, settlement method, etc. are consistent; Provided, That this is not appropriate.

QQ는 원심에서 , 이HH 부장의 부탁을 받고 박aa에게 자신의 카드를 주면서 술값을 처

The statement made to the effect that it was called Ethalal, and ordered to pay the drinking value with the corporate card of Park Jong-a.

the prosecutor's office and court's office and court's statements and corporation cards, as if they are inconsistent with the prosecutor's statements.

According to the statement of the expenditure resolution (2034 pages, 2037 pages, 2052~2053 pages), Ga himself/herself

의 카드를 주면서 술값을 처리해달라고 했다는 박QQ의 위 진술은 착오에 의한 것으로

I seem to appear.

(3) The defendant has taken office as a foundation director and has frequently found his/her singing bars at a singing shop.

The time and the time when the subordinate employees paid the drinking value of the defendant to the lower court, and the time when the defendant paid the drinking value overlaps.

④ A majority of the amounts of the liquor value settlement with a corporate card is 300,000 won or less, whichever is the law.

For the convenience of approval for expenditure of the card, the basis for making payments not exceeding KRW 300,00,000.

The statements of employees are consistent with those of employees.

(5) The details of use of the corporate card, such as the details stated in the list of crimes in attached Form (2) shall be confirmed.

(Investigation Records 2019 to 2085).

(2) Whether the crime of acceptance of bribe is established

Benefits which are the contents of a bribe in the crime of bribery means money, goods, or other property interests as well as property interests.

In addition, all types of and intangible interests that are adequate to meet human needs needs shall be included.

(See Supreme Court Decision 2002Do3539 delivered on November 26, 2002). The crime of offering of a bribe and the acceptance of a bribe

Although several crimes are necessary accomplices, it is necessary accomplices, but it is an offence under law.

It refers to the need for the cooperation of several persons, and the establishment of such a crime is an act

property of the donor in acceptance of a bribe shall be reduced in the case of receipt of the bribe.

Since it is not required to do so, the basic worker shall have the credit rating of the defendant, even if so, by law.

Even if the defendant acquired profits from the basic budget by settling with the card,

Basic workers paid a bribe to the defendant, which is an act of giving a bribe to the defendant by a corporate card.

Therefore, the acceptance of bribe against the defendant is established.

C. Judgment of the court below

The judgment of the court below is hard to accept for the following reasons.

(1) Whether the defendant has received an amount equivalent to KRW 7, 949, 000 on credit.

(A) Facts of recognition

According to the records, the following facts are recognized:

(1) The Yellow Z shall be the chief of the external cooperation of the basic year from August 13, 2009 to June 20, 2010.

Hah had no longer done. From August 13, 2009 to June 20, 2010, this Ministry of Policy Research, the Minister of Justice, June 21, 2010, and the Ministry of Justice from August 13, 2009

J. Until May 24, 2011, the Minister of Foreign Affairs and Trade has served as the head of the Ministry of Foreign Affairs and Trade, and L from June 21, 2010 to

By May 22, 2011, the head of the policy research division has served as the head of the policy research division. The head of the policy research division of the basic research institute shall evaluate the Institute.

And the head of the external cooperation division has conducted affairs such as the establishment of mid- and long-term development plans, and the promotion and industry-academia-research cooperation.

The performance of the work, such as support for history, was carried out.

② At the time of the instant case, Saidd’s business, which had been the owner of L’s singing stores, is either the prosecution or the lower court’s judgment.

Since the end of 2009, a deceased person has been frequently frequently. The defendant calculates the drinking value with a corporate card to the low-income person.

there is a requirement to make it possible to do so, and at the same time, it is correct.

Although it is not memory, it is thought that it was not at the beginning of 2010. The defendant's credit value was received.

(1) by using a corporation card that is brought by the employees of the basic public; and (2) another restaurant of the public;

The books settled as if they were used in a lux, lux, lux cafeteria, etc., have been settled several times.

C. The contact point of this H or the Yellow Z was located, and the No. Z or the Yellow Z called this H or the Yellow Z

There was a fact that the defendant requested to deal with the credit rating of the defendant. On the first half of the defendant's place, yellow dust.

The Z has designated the Z and thereafter this category of the head of this H, and this people have developed the drinking value in the future.

Hah or the Yellow Znter without direct telephone from the defendant because the word "" was the word;

The phone made a statement to the effect that it was “(2790 to 2797 investigation records).”

(3) The Z, H, and L shall be treated by the Defendant with the credit rating at the singroom sing point.

of this title, this part of this order shall be settled by using the corporate card it directly.

하고 일부는 유CC , 박QQ , 이LL 등 기초연의 다른 동료들에게 처리를 부탁하였으며 ,

other fees shall be charged by using a corporate card to direct directly or by his subordinate employees.

No. 30

(4) The defendant shall require HaH to treat the credit rating at least three times by the singing bars.

A statement is made that there is a fact that the order was given.

(B) Determination

The following circumstances revealed in the above facts of recognition, i.e., direct trauman from the defendant

A person who has been ordered to dispose of value shall be given an order from August 13, 2009 to June 20, 2010 by the head of an external cooperation division.

ZZ (Total twice in total), 2. From June 21, 2010 to May 24, 2011, this H (total 11 times) with an external partner.

JL, which was the head of policy research department, is merely ordered once on December 2010, and ③ Defendant

in early 2010, e.g., a corporation card to d'ad's business of Mab's singing places;

upon request in advance so that the Z can be identified at the first time by a person who deals with the alcohol value;

At the last time, this H was identified as the head of the external cooperation, and after June 21, 2010, this H was the head of the external cooperation.

The fact that the Yellow Z does not have any trace of the defendant's participation in the handling of the credit value of the defendant, and 4

Z, later, the phone call to this H to request the handling of the credit rating of the defendant.

In fact, other employees of this H and basic smoke have settled by using a corporate card.

In full view of the facts that there are objective data on the details, the Defendant himself may do so.

On or before June 20, 2010, the ZZ as the head of the external cooperation department at the time of the call at the singing point.

on or after June 21, 2010, Hah, the head of the external cooperation department at that time, Hah, the head of which is the head of the external cooperation department (as of December 21, 2010 among them)

It is judged that the L is directed to process the corporation card using the corporate card.

According to this, in the annexed list of crimes (2) 1 to 20 June 2010, the date of the request for payment by proxy in the annexed list of crimes (2).

2) Of the 4, the person who paid the land in the middle of the year shall pay the credit value of the defendant under the direction of the defendant.

Nos. 1 and 3 have settled the credit rating of the defendant under the direction of the defendant.

There is a possibility that it is not possible.

In addition, the sequence 5 to 14 that existed after June 21, 2010 among the annexed list of crimes (2) shall HaH.

or, at that time, the LL, the head of policy research department, is responsible for their direct settlement under the direction of the defendant.

It seems that the defendant's credit rating has been settled by giving direction to his/her subordinate employees.

Defendant and defense counsel shall pay the settlement amount by sequence 2, 4, 5 through 14 of the annexed List of Offenses (2)

Defendant on the ground that the statement of the Z, EH, Kim C, etc. regarding the above is not reliable.

It is argued to the effect that money, other than the personal credit value, can be included, but the above examination is conducted.

In light of objective data, such as the statements of the State of Home and the details of the corporate card settlement, as above:

Defendant and defense counsel’s assertion is difficult to accept.

(2) Whether the preferential payment of the drinking value constitutes the crime of acceptance of bribe

As seen earlier, as seen earlier, the Defendant is a legal entity in advance to LiveBD’s business place

The Z, EH, L, etc. so that the alcohol value can be settled by using the d's request; accordingly, the Z, E-H, E-L

In light of the fact that the defendant's drinking value was settled by using the corporate card of this basic year,

The head of the Si/Gun/Gu ordered the treatment of the drinking value with common expenses, such as the amount collected in the instant case, or dealt with as common expenses.

It is difficult to accept the defendant's appeal that only known as being the case.

However, in light of the above facts, the Defendant’s credit rating is most important.

the Minister of Foreign Affairs and Trade at that time, and the Minister of Foreign Affairs and Trade at that time, shall be responsible to the Z, and to the H.

The employer ordered the employer to make a settlement by using the corporate card, and asked the employer to make a settlement in advance.

(2) The Z, this H and this L are settled with their corporate card in the capacity of such occupational status.

or upon request from other members, so that the payment is made by a corporate card, and the defendant e

Since there is no material to readily conclude that all of the credit rating is private; ultimately, they shall be avoided.

The deceased is within the administrative support department with the drinking value as part of the external co-operation activities for basic ties.

It is possible to issue an order to deal with the above person, who is the head of the parent department.

Therefore, the defendant's act is a kind of corporate card use-related budget diversion or business promotion expenses.

It can only be seen as a simple use, which is between the defendant and his subordinate employees.

the defendant and his subordinate employees shall be deemed to constitute an act of accepting a bribe, or an intentional act of receiving a bribe

It is difficult to deem that there was a existence.

(3) Sub-decisions

Therefore, among the facts charged in this part, Nos. 1 and 3 of the annexed List of Crimes (2) shall be the defendant.

It is difficult to recognize that the defendant has settled the credit rating of the defendant by the Si, and the rest 2:

4. 5 to 14 constitutes an act of accepting a bribe or a bribe to a defendant.

It is difficult to see that there was an intention to accept them (as the payment of the defendant's drinking value 1 and 3 of family Nos. 1 and 3

The facts of the judgment of the court below that found the defendant guilty of this part of the facts charged.

There is an error of mistake in mistake.

5. Conclusion

Of the facts charged in the instant case, the fact of acceptance of bribe from the senior director (Article 1 of the facts charged) and the UCC

ter Acceptance of Bribe (Article 2-A(1) of the facts charged) Nos. 3 of the list of offenses in the attached Form No. 2-A of the facts charged, and traumas

The defendant's assertion of mistake of facts against the charge of acceptance of bribe through payment in lieu of value (Paragraph 3 of the charge)

Since there is no reason to reverse this part of the judgment of the court below, the above reversal part and Article 37 of the Criminal Act cannot be exempted.

In relation to the former concurrent crimes, acceptance of bribe from UCC which the court below rendered a single sentence.

Section 1, 2, 4, 5 of the [Attachment A] List of Offenses (1), and Section 1, 2, 4, 5 of [Attachment A] and Section 2 of the facts charged

This part of the judgment of the court below is to be sentenced again to 'the point of acceptance of bribe'.

The Do can not escape from ex officio reversal.

Then, Article 364 of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing

The judgment of the court below shall be reversed pursuant to paragraphs (2) and (6), and the judgment shall be rendered again after pleading as follows:

Criminal facts

1. Acceptance of bribe from UCC;

The Defendant is a trustee in a master room for the early June 2009, and the ordinaryCC is frequently entrusted in a master room for the early June 2009.

References to the fact that Company received the Company’s license, “in many cases there is money to conduct external activities” to the Company.

(c) cash is required. "An amount of money means 1,000,000" means 1,000

1.3 1,00,000 won in cash from UCC around that time.

The Defendant received a bribe in relation to the duties of the basic director. Accordingly, the Defendant received a bribe.

The Defendant, in addition to this, requests the UCC to cash in such a manner as above, and as the UCC.

From that time to December 2010, entry 1, 2, 4, 5 of the list of offenses (1) in the attached Table of crimes from that time to that time, from that time to that time.

With respect to the duties of the basic director upon receipt of the total amount of 11,00,000 won over four times

The bribe was received.

2. Acceptance of bribe from UG

The Defendant’s primary source of duty in the early November 2009, to the UnitedGG that found the Defendant’s primary source of duty in the early November 2009.

"I would like to write down for the Institute, I would like to make a good contribution, and I would like to make a doctoral opinion.

I would like to call for the money.

Around that time, the Defendant instructed the Head of the Administration KimK to receive money from UG, and the Defendant instructed him to receive money from UG.

Accordingly, Kim K-K changed the 1,000,000 won by telephone to UG, and then the Kim K-K changed the 1,00,000 won.

Until now, I informed the Non-Financial Account (National Bank 4******************************) of its management.

UNG means on November 20, 2009 YYY in the name of UG, on November 20, 2009, 400,000 won, and 11, 2009

21. The above national bank account in the name of UG, 600, 000, 1,000, 000 won in total, 21.

and KimK shall withdraw 1,00,000 won in cash around that time and transfer to the accused.

was carried out.

Accordingly, the Defendant received a bribe of KRW 1,000,000 in relation to the duties of the basic director.

Summary of Evidence

1. The original judgment by the witnessCC and each legal statement by the party;

1. The original legal statement of the witness GG in the court below

1. Investigation report (Attachment of specification of transactions, CDs);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

The establishment, operation and fostering of government-funded science and technology research institutes, etc. under Article 129(1) of each Criminal Act;

Article 35 (Selection of Imprisonment with Labor and Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes)

Pursuant to paragraph (1) of this Article,

1. Aggravation for concurrent crimes;

Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

Table (1) No. 5 of the Table 5 of the crime of acceptance of bribe

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account the favorable reasons among the following reasons for sentencing)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Additional collection:

Article 134 of the Criminal Act

1. Order of provisional payment;

Article 334 (1) of the Criminal Procedure Act (As to Fines)

Reasons for sentencing

[Scope of the punishment penalty] Imprisonment with prison labor for not more than seven years and six months, and fine of not more than 8 million won to 30 million won

[Determination of Type] Bribery, Acceptance of Bribery, 10 million won or more but less than 30 million won (Type 2)

[Special Aggravation] Positive Demand

[General Mitigation Measures] Quasi-Public Officials, No record of criminal punishment

[General Aggravation] Acceptance of Bribery for a long period of not less than two years

[Scope of Recommendation] Imprisonment of 1 year to 4 years ( Imprisonment of 2 years to 4 years, which is the subject of aggravating type 2)

a single crime, which is the most severe result of addition according to the method of dealing with the same concurrent crimes.

Where the type is high at one step, the lower limit of the scope of sentence shall be reduced by 1/3).

[Determination of Sentence] The suspension of execution of two years and fine of two million won in one year and six months of imprisonment;

The crime of this case is the president of the Korea Basic Science Support Institute who is a government-funded institution.

the Government that receives a large amount of money equal to KRW 1,00,000 in total from its subordinate employees;

A criminal who has damaged the trust of the general public with respect to fairness in the performance of duties by the researcher of the annual institution.

In light of the fact that the defendant actively demanded money and valuables to subordinate employees, the defendant

There is a need for strict punishment.

However, there is room to regard part of the user as activity expenses for public purposes, during that period, in good faith.

and the fact that the defendant seems to have contributed to the development of the relevant sector through the research activity,

It shall be sentenced to the same sentence as the order in consideration of all the circumstances, such as the point.

The acquittal portion

1. Facts charged

Of the facts charged in the instant case, the fact of acceptance of bribe from the senior director is set forth in Section 2-A, Section 2-A, UCC.

From the point of acceptance of part of the bribe, part 3 of the annexed Table (1) of the crime list (1) of the above 3-A (1) ;

The acceptance of a bribe through the payment of the credit amount in lieu of the credit amount is as described in Section 4-A of the above.

2. Determination

In respect of the acceptance of bribe from the senior director, the acceptance of bribe from the U.S.C. 2-C.

No. 3-A(3)(b) and credit in respect of the sequence 3 of the attached list of crimes among the several points (1)

With respect to the acceptance of bribe through a substitute payment of the ex post facto value, as seen in Section 4-C (C) above.

Since there is no proof of the crime, each acquittal under the latter part of Article 325 of the Criminal Procedure Act.

shall be declared by the court.

Judges Lee Jae-won

Judges Kim Gin-jin

Judge Park Jong-soo

1) The indictment is written in KRW 3,00,000, but it is written in KRW 3,500,000 to KimE. The prosecution (Fraud) of Kim Jong-P that the indictment was written in KRW 3,500,000.

Schedule 2272 pages 22, 500, 000 in light of the fact that the sum of the statements and written indictments is 22, 500, and 000

I seem to do so.

2) As to the collection of each of the collected amounts of this case and the reasons why the Defendant was given, the DoD, KimE, the FF and the Executive President Kim K, who is the chief of the appointment department, shall be the senior officer.

A statement is made by describing the specific situation at the time, which makes a false statement by making a situation in which no one existed at all.

(e) a similar situation (e.g., increase of incentives, change of persons eligible for incentives, etc.) and the defendant who is the chief of the appointment department and the president.

in the circumstances determined by Kim KK's decision, the circumstances in which Kim K grants the mother's amount he/she has managed to the defendant are no longer or exaggerated than the actual circumstances.

Degel (e.g., increase of incentives and change of persons eligible for incentives) under the circumstances that the Defendant unilaterally instructs the chief officer to appoint him;

It seems that K has made a statement in the situation that K has given the mother amount managed on behalf of the defendant to the defendant.

3) On the 6th trial day of the trial of the trial, the prosecutor ordered each of the bribe offerers at the relevant time to be "the chief of the appointment department" as to the facts charged.

According to this part of the records, according to this part of the facts recorded in the records, the defendant, who is the basic director, and the chief of appointment at each relevant time

in advance, the amount of payment, etc. shall be deemed to have undergone an award in the process of draft and approval, and the chief of the appointment department shall be in friendly with the position in the process of payment.

In the background of the relationship, the fund-raising was led.

In light of the progress of such a case, first of all, the part of the money and valuables collected from the chief of the division, other than the chief of the division, shall be the president and the election.

The relationship between the chief of the Department shall be one combination with common will (the form of a joint processing by one party to another’s act) and the other.

shall not be deemed to be a transaction of money or valuables with respect to the relationship.

In addition, with regard to the money and valuables directly contributed by the chief of the appointment, the principal and the chief of the appointment officer have determined the major project incentives as above.

Taking into account the fact that the chief of appointment appears to have received the maximum amount of incentives, the relationship between them shall also be such as above:

It is unreasonable to regard the relationship as the transaction of money.

If the president or the senior director increases unreasonably the incentive for the purpose of the above fund-raising with the common intent of the president or the senior director.

If the subject was selected, it seems that the responsibility of the accused for the crime should be assessed as an issue of unfair execution of the basic annual budget.

4) The facts charged in this part are as follows: “PY transferred KRW 400,00 in the name of Female Y,” and “YY in the name of YG.”

Ro 400, 000 won is recognized to have been remitted (in case of 2591, 2628). Thus, the facts constituting the crime ex officio is acknowledged as above.

recognized.

5) The standard for handling multiple crimes in relation to bribery falls under the category of concurrent crimes between bribery and bribery crimes.

In accordance with special rules, the type of money shall be determined by adding the amount of the bribe;

A person shall be appointed.

A person shall be appointed.