logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.10.16 2014노1462
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s assertion of misapprehension of the legal principles is between Defendant A and C, and Defendant A’s receipt of the instant KRW 30 million, which he received from Defendant A due to such personal-friendly relationship. Nevertheless, the lower court’s conviction against Defendant A of the instant facts charged erred by misapprehending the legal doctrine on the relationship to duties or the quid pro quo of bribery, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s allegation of unfair sentencing is unreasonable as it is too unreasonable.

B. Defendant B: The lower court found Defendant B guilty on the grounds of misunderstanding of facts and misapprehension of legal doctrine, and erred by misapprehending the legal principles as to the bribery, thereby adversely affecting the conclusion of the judgment.

1) The facts charged are as follows: Defendant B conspired with Defendant A and thereby, K Agricultural Cooperative (hereinafter “KFF”)

2) Construction of new L materials warehouse ordered by the Corporation (hereinafter referred to as “instant construction”).

(2) Defendant B, a standing director of KF, did not have any authority over the instant construction work, and did not request C to change the amount of KRW 30 million.2) Defendant B, as well as Defendant A, was present at each site of receiving KRW 20 million from C, and there was no conspiracy to receive KRW 30 million together with Defendant A.

Defendant

B An order of Defendant A to use the money received from Defendant C as expenses for the operation of the NAF and to deliver the above KRW 20 million and KRW 10 million to Q Q, which were planning services of the NAF at the time, and to participate in the specific use of KRW 30 million received from C.

arrow