(영문) 광주고등법원 2015.06.25 2015노153 | 리걸엔진

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(영문) 광주고등법원 2015.06.25 2015노153

특정범죄가중처벌등에관한법률위반(뇌물)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of the acceptance of bribe in advance is a person who becomes the president of the H District Land Partitioning Association (established on June 22, 200 with the approval of the establishment of the H District Association on June 21, 200, hereinafter “Association”) and was elected as the head of the association only when the association activities have not been activated as the head of the immediately preceding association, and only the purport at the request of the association members was elected as the head of the association. Thus, the Defendant cannot be deemed to have been the head of the association from May 22, 2008 to August 28, 2008, when he received money from B.

B. Since the Defendant, for the acceptance of bribe, has borne personal expenses on behalf of a cooperative and has been preserved later from B, there is no quid pro quo relationship between the receipt of money and the conclusion of a technical service contract.

C. Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination:

A. The court below's decision on the first instance court's finding of acceptance of bribe in advance is that the defendant cannot be viewed as the head of the association since the defendant was not elected as the head of the association at the time of receiving money from B. The court below held that ① the defendant was appointed as the head of the association on October 5, 2002 and the term of office expired on October 4, 2006, but actually performed the duties of the head of the association, but the defendant was recognized as the head of the association even thereafter, ② the defendant was trusted from the members of the association by drawing a reconciliation recommendation decision on the cancellation of the above non-permission disposition in the administrative litigation while the progress of the association was unsatisfed due to the non-permission disposition on the execution of the river work, ③ the actual defendant was elected as the head of the association with 62% high votes obtained on October 16, 2008.

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