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(영문) 부산고등법원 2014.09.18 2014노195 (1)
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding 210,00,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant received a total of KRW 25 million from N on two occasions as stated in the facts constituting an offense in the lower judgment, it is unclear when the Defendant received the said money, and there is no illegal solicitation from N when the Defendant received the said money from N.

B) Although the Defendant received KRW 100 million in total from N twice as stated in the lower judgment, as stated in paragraph (2) of the facts constituting a crime in the lower judgment, the Defendant received KRW 5 million from N, as stated in paragraph (3) of the facts constituting a crime in the lower judgment, the Defendant did not have any relation to the Defendant’s duties. (D) The Defendant did not receive KRW 40 million in total twice from W with regard to the personnel management of X and Z, a single-source employee, as stated in paragraph (4) of the facts constituting a crime in the lower judgment, and even if the Defendant received the above amount, the receipt of the above amount is not related to the Defendant’s duties, and the Defendant did not have received any unlawful solicitation from W, and there was no error of law that affected the conclusion of the judgment by misunderstanding the facts.

2) In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (a fine of KRW 210 million for imprisonment and a fine of KRW 210 million for a year, a surcharge of KRW 170 million for a surcharge) is too unreasonable. (b) In so determining, the lower court erred by misapprehending the legal doctrine on criminal facts No. 2-A of the lower judgment.

Paragraph (b)(50 million won on November 201), 201

Considering that each of the crimes of bribery under paragraphs (5) and (3) (including KRW 50 million around January 201) are concurrent crimes under Article 37 of the Criminal Act, each of them is deemed guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the crime of acceptance of bribe. On the other hand, the prosecutor comprehensively included each of the above crimes of bribery, and thereby, on the ground that the amount of bribe exceeds KRW 100 million, the Act on the Aggravated Punishment, etc. of Specific Crimes.

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