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(영문) 대법원 2013.04.11 2012도16277
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. We examine the Defendant’s grounds of appeal.

A. As to the ground of appeal No. 1, this part of the ground of appeal is justified, since it is purporting to mislead the selection of evidence and fact-finding, which belong to the exclusive authority of the fact-finding court, and thus,

In addition, in light of the records, the fact finding by the court below is justified and there is no violation of law of logic and experience as otherwise alleged in the ground of appeal.

B. As to ground of appeal No. 2, "(1)" means accepting a bribe under the pretext of arranging matters belonging to the duties of another public official, and there is no need to specify the contents of another public official, who is the other party to the referral, or its duties.

In addition, there is no need to exist any pending issues that must be resolved by mediation to the other party at the time of accepting a bribe in order to establish the crime of bribery.

(2) The Defendant provided the instant credit card from H in relation to the arrangement of matters falling under the duties of other public officials, on the premise that the Defendant, who received the instant credit card from H and received money and valuables from the use of the said card, is related to the arrangement of matters falling under the duties of other public officials within the entire period until the end of the use of the card. In light of the relationship between the Defendant and H, the background leading up to the delivery of the instant credit card, the details of the instant credit card’s specific pending issues related to H’s management, and the amount of profits received, etc., the lower court provided the instant credit card from H in relation to the arrangement of matters falling under the duties of other public officials.

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