Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)

ZEC, SE

Seoul Residence

[Reference domicile] Chuncheon City

Prosecutor

Law firms, Attorneys Kang Han-chul, and this.

Seoul High Court Decision 2007No1583 Decided January 11, 2008

May 8, 2008

The appeal is dismissed.

We examine the grounds of appeal.

The conviction in a criminal trial shall be based on strict evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt. As long as such doubt cannot be ruled out, the conviction shall not be held. In the case of bribery, in a case where the defendant, who was designated as the consignee, denies the fact of the bribery, and there is no physical evidence, such as financial materials to support it, the defendant must have the admissibility of evidence in order to establish guilt, and there should be credibility to exclude a reasonable doubt. In determining credibility, not only the reasonableness, objective reasonableness, and consistency of the contents of the statement, but also his human beings, and in particular, whether he has interests arising from the statement, and in the case where there is a possibility that an investigation into the suspect is initiated, or there is a possibility that the suspect might use it, and even if there is no physical evidence such as financial materials to support it, efforts should also be taken into account from 601 to 2010 to 2010 to 2010 to 2010.

According to the reasoning of the judgment of the court below, the court below affirmed the judgment of the court of first instance that acquitted the defendant on the grounds that it is hard to recognize the credibility of each statement in Kim, Shin's prosecutor's office and court, which correspond to the facts charged in the case where the defendant received a bribe of KRW 235 million from Kim, in light of such overall circumstances, and that the remaining evidence except the above statements in which credibility is difficult to be recognized is inadmissible or that it is insufficient to find the defendant guilty of the facts charged in the case. Upon examining the records in light of the above legal principles, the court below's above measures are just and acceptable, and there is no violation of the rules of evidence as otherwise alleged in the ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Nung-hwan

Justices Yang Sung-tae

Justices Park Si-hwan

Justices Park Il-il