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(영문) 대전고등법원 2019.03.22 2018노463
뇌물수수
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A reserved the reserve funds to J on behalf of part of the services to be performed by the J Co., Ltd. (hereinafter “J”), and Defendant A was supported by Nowon-gu with the consent of the J’s representative director, who is the J’s representative director. As such, the crime of bribery is not established on the ground that job-related and quid pro quo are not recognized.

B. Since Defendant B and the above I agreed to use the reserve reserved in J for the convenience of the project of the Formula 2 development team, the acceptance of Nowon-gu constitutes the implementation of the agreement and its relevance to duties and quid pro quo are not recognized.

In addition, Defendant B believed Defendant A’s horse and accepted Noart North Korea, and there is a justifiable reason to believe that Defendant B did not have any intent to accept bribe and that his act does not constitute bribery.

2. Determination

A. The Defendants asserted the same purport as the above grounds for appeal at the lower court, and the lower court determined as follows at the sixth or lower court’s ruling under the title “Judgment on the Defense Counsel’s argument”.

(1) Defendant A, as a research institute for the appointment of the Formula 2 development team, is the responsible research institute (the immediate superior of Defendant A), Defendant B performed the duties of technical assistance and management and supervision, such as J, etc., to whom part of the services for the development of the Formula 2 (E) was subcontracted. The development team of the Formula 2 (A) to which the Defendants are affiliated, was in charge of integrating the relevant results when the co-contractor who shared the services for the development of the Formula 2 (A), such as J, finished the development.

Considering the status of the Defendants, the scope of their duties, and the relevance of their duties with J, the Defendants are partly engaged in the development of the Formula 2er as indicated in their decision in performing their duties.

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