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(영문) 서울고등법원 2014.10.24 2014노1716
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: (a) Defendant A was appointed as the auditor, director, and chairperson of the council of occupants’ representatives at K apartment (hereinafter “the apartment of this case”); (b) around 201, Defendant A was elected as the representatives of the Housing Reconstruction Improvement Project Association (hereinafter “instant association”); and (c) Defendant A was able to be elected as the president of the association; and (d) Defendant A promoted support for the amount of KRW 50 million immediately before the election of the president of the association at May 201; (c) Defendant A did not raise an objection to the election at the election of the president of the association at around May 201; and (d) Defendant A did not have any objective effect on the election of the head of the association at the time of the association’s failure to obtain a provisional disposition for suspension of performance of duties; and (d) Defendant A did not receive money from each of the public officials of the association at the time of the election at around 15th of July 2013.

2. Determination

A. According to the lower court’s factual basis and the evidence duly adopted by this Court, ①.

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