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(영문) 서울고등법원 2018.08.23 2018노1122
뇌물수수등
Text

All appeals by the Defendants and by the Prosecutor against Defendant B are dismissed.

Reasons

The summary of the grounds for appeal by Defendant A is that the member received a golf reservation from Defendant A(1) and received a set of sets from Defendant A is based on a personal-friendly relationship with the local vessel B, which is a regional vessel, and is not related to the performance of duties.

The court below found the defendant guilty of the charge of bribery by recognizing the performance-related performance of duties and finding the defendant guilty of the charge of bribery.

2) The lending of money at the request of Dong-in C was only returned and there was no attempt to assist C to lend a unregistered loan or to facilitate it by any other way.

The court below erred in the misapprehension of the legal principles that recognized the defendant as a principal of aiding and abetting the violation of the Act on the Registration of Loan Business, etc. and Protection of Financial Users.

Defendant

B Reasons for appeal 1) The benefits or gifts offered to A shall not be contingent upon the performance of duties.

The court below erred in the misapprehension of the legal principle that the court below recognized it as a consideration for A's duties.

2) The sentence (12,00,000 won) imposed on the Defendant by the lower court is too unreasonable.

Defendant

C The reasons for appeal by the court below are too unreasonable that the sentence imposed on the defendant (two years of suspended sentence for six months of imprisonment) is too unreasonable.

The reasons for the prosecutor’s appeal (with respect to Defendant B) that the court below sentenced to Defendant B (the penalty amount of KRW 12,000,000) is too uneased and unreasonable.

Judgment

Defendant

A Of the grounds for appeal of A, bribery is the process of performing the duties, trust in society, and the purchase of non-performance of duties. Since it is not necessary to make a solicitation or an illegal act, there is no special solicitation to recognize the bribe of the received money and valuables, it is sufficient that money and valuables have been received in relation to the duties.

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