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(영문) 대전고등법원 2014.04.25 2013노334
뇌물수수
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of one year and six months, and fine of twenty thousand won.

except that this judgment.

Reasons

On summary of the Judgment of the lower court, the judgment of the lower court on the facts charged by the criminal suspect (amount received)

1.(a)

H Innocence of not guilty of 6,500,000 won in receipt of the first half-year incentive incentive in 2009

1.(b)

1,000,000 won or more of incentives for the second half of 2009

1.(c)

I W. 10,750,000 won in the first half of 2010.

1. D.

17,500,000 won or more of incentives for the second half of 2010

1. (e);

O Amount of 10,000,000 won received for the first half-year incentive in 201

1. (f) Acceptance of incentives for the second half of 201 4,000,000 won;

2.(a)

J Part of acquittal of a direct receipt of money: 14,000,000 won (not guilty part: 3/3,000 won in the table of crime (1))

2.(b)

Z2,69,000 won guilty of KRW 1,00,000 (wholly charged) 12,00,000 (wholly charged) in total amount of KRW 82,69,000 (wholly charged) of KRW 82,69,000 (wholly charged) through payment of the credit value of KRW 7,949,00,000, 3 AB, etc. convicted of 1,000 directly receiving money or valuables

1. Summary of grounds for appeal;

A. Although there is a fact that the Defendant received some of the incentives from the chief of the appointment department with regard to the charge of bribery (Article 1 of the Decree on misunderstanding of Facts) from the chief of the appointment department, there is no fact that the Defendant received each of the funds, such as the facts charged No. 1.

The defendant, from the chief of appointment, has jointly gathered money for an agency activity in which the corporation card cannot be used, and when necessary, has used part of the money for the agency activity.

In addition, the amount of incentives collected by the chief of the appointment division falls under C (hereinafter referred to as "C")'s common expenses collected for the agency activities concerning items not used after compiling the budget regularly in C (hereinafter referred to as "C") (C had a practice in which the chief of the appointment division collected incentives and used them as common expenses before the defendant was appointed as the president). The defendant's act of receiving part of the above common expenses for the agency activities for C does not have business relationship or quid pro quo.

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