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(영문) 수원지방법원 2017.06.22 2017노1778
뇌물수수등
Text

Of the convictions against the Defendants of the lower judgment, the third party related to CG Co., Ltd. against Defendant A is acceptance of bribe and bribery.

Reasons

1. The progress of litigation and the scope of adjudication for the party concerned;

A. The lower court’s judgment 1) Defendants were prosecuted on the following grounds: (a) the Defendants committed a crime of accepting bribe through sale of goods and a crime of violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Bribery; (b) Defendant A’s crime of accepting C-related bribe; (c) interference with the third party’s acceptance of bribe and exercise of rights in relation to CG; (d) interference with the third party’s acceptance of bribe and the exercise of rights in relation to CN-related abuse of rights; and (e) interference

2) Of the facts charged in the instant case, the lower court convicted the Defendants of the violation of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds from the Sale of Goods and the Violation of the Act on the Punishment, etc. of Bribery; the receipt of a bribe to Defendant A; the receipt of a bribe to Defendant C related to the CJ-related third party; the receipt of a bribe to the CJ-related third party and the exercise of abuse of authority; the obstruction of the exercise of rights to the CG-related third party’s acceptance of a bribe to the CN-related third party and the exercise of rights; and the obstruction of the exercise of rights

B. 1) Prior to remand, the Defendants filed each appeal on the guilty part of the judgment of the court below on the grounds of misunderstanding of the facts, misunderstanding of the legal principles and misunderstanding of the sentencing. The prosecutor filed each appeal on the guilty part on the grounds of misunderstanding of facts and misunderstanding of the legal principles.

2) A prosecutor maintains the fact of the acceptance of a bribe by selling the goods to the Defendants for the first time before remanding the case, and adds the fact of the third party acceptance of a bribe to Defendant A as the ancillary facts charged against Defendant A, respectively, as the ancillary facts charged against Defendant B, and maintains the violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from the Receipt of a Bribe against the Defendants, and regulates the concealment of Criminal Proceeds from the 3rd party acceptance of a bribe.

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