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(영문) 서울고등법원 2019.01.24 2018노893
뇌물수수등
Text

The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

Defendant shall be punished by imprisonment with prison labor for one year and fine for 15,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (related to the receipt of bribe No. 8 of the annexed Table No. 1 to No. 7 of the crime list in the judgment of the court below) does not dispute the charge of bribery as stated in the annexed Table No. 1 to No. 1 of the crime committed in the judgment of the court below, and the charge of bribery No. 2 of the crime in the judgment of the court below. In full view of the following facts: (a) the Defendant consistently stated from the time when the Board of Audit and Inspection of Korea was investigated at the Board of Audit and Inspection to borrow 5 million won at the director’s expense; (b) the Defendant made a statement to the effect that the said money was a bribe to E; and (c) E’s statement to the effect that the said money was a bribe is not a bribe under the name of a director; and (d) the above money received by the Defendant is merely a bribe under the name of a director; and (e) the sentence of unfair sentencing (one year, two years of suspended execution and fine No. 12 million won). 2 million won).

B. Prosecutor 1) misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of the facts related to the acceptance of bribe listed in the annexed Table 9 through 13 attached to the judgment of the court below (not guilty part in the grounds) (hereinafter “F”) was remaining even after the transfer of the director of the sports division of the Culture and Sports Tourism Bureau around July 27, 2016, the Defendant’s local subsidy settlement procedure for F (hereinafter “F”) remains. In full view of the credibility of the donor E’s statement corresponding to this part of the facts charged, and the Defendant’s influence on the public official in charge of the procedures for settlement of local subsidies, the Defendant may be recognized

B) A confession made by the Defendant to an investigative agency regarding the violation of the Local Finance Act (not guilty part) was reliable, E also made a statement to the effect that “The Defendant directly asked the Defendant to pay publicity fees to F in D Island on May 2015,” and D also made Y business (hereinafter “instant business”) conducted around September 2, 2015.

The reason why the relevant budget has been increased to KRW 400 million is.

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