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(영문) 광주고등법원 2012.10.25 2012노148
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

1. The part of the judgment of the court below against Defendant A is reversed.

Defendant shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding one hundred million won.

Reasons

1. Summary of grounds for appeal;

A. On October 1, 2010, Defendant A (1) was guilty of this part of the facts charged on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) on the part of Defendant A (1). (1) The Defendant borrowed KRW 100 million on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) on October 1, 2010, and did not receive it in return for the selection of an implementing agency.

(B) The lower court’s sentence of unreasonable sentencing (five and half years of imprisonment and fine of one hundred million won) is too unreasonable.

(2) Although it can be recognized that the Defendant received a bribe of KRW 250 million on December 4, 2007 from C on December 5, 2007 and KRW 250 million on December 5, 2007, the lower court rejected the statement of reliable C, P and U, and acquitted the Defendant of this part of the facts charged.

(B) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

B. Defendant B (public prosecutor)’s portion of the lower court’s punishment (fine 20 million won) is too unhued and unreasonable.

C. Although the defendant C (public prosecutor) found that the defendant delivered a bribe of KRW 250 million in total amount of KRW 250 million on December 4, 2007 and KRW 50 million on December 5, 2007 to A, the court below acquitted the defendant on this part of the charges.

2. Determination

A. Defendant A’s decision (1) ex officio (2) prior to the judgment on the grounds for appeal by the Defendant and the Prosecutor, the Prosecutor considers the following as follows: “The method of deceiving the Defendant from the Defendant’s guilty part of the judgment of the court below to the extent that the Defendant did not have the intent or ability to repay it within the given time limit even if the Defendant borrowed money from the Defendant B, the Defendant’s conviction part of the judgment of the court below.”

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