(영문) 서울고등법원 2012.11.09 2012노230 | 리걸엔진

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(영문) 서울고등법원 2012.11.09 2012노230

뇌물수수

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The summary of the grounds for appeal and the summary of the oral argument submitted after the deadline for submitting the grounds for appeal are considered to the extent that it supplements the grounds for appeal.

A. Defendant 1) misunderstanding of facts is the subject (H or Defendant) who decided to deliver money on the day of communication on which money was delivered, the method of paying the amount of money, the place where money was paid, the Defendant’s color of the vehicle, the location where the Defendant was parked, and E Co., Ltd. (hereinafter “E”).

(2) The Defendant, on November 5, 2009, demanded the payment of tuition fees of KRW 5 million to H, and the Defendant reversed his/her statement as to whether he/she gave a bribe to the principal of Q elementary school other than the Defendant, and whether he/she gave a bribe to the principal of Q elementary school other than the Defendant, as well as H’s statement as to the frequency and timing of transfer of money to be used in personnel expenses are inconsistent with H’s statement and its credibility is nonexistent. Nevertheless, if the Defendant, as well as the Defendant of the facts charged, received money from H as valuable evidence and received money from H on November 5, 2009, it was unlawful to mislead the Defendant of the fact that he/she convicted him/her of the Defendant by giving and receiving money and valuables. 2) Since the date and time of receipt of money and valuables of the facts charged was after November 5, 2009, the Defendant did not appear to be specified in the facts charged at least as the date and time after November 10, 2009.

Nevertheless, the lower court’s failure to point out it is unlawful.

B. The lower court’s sentencing, which sentenced the Defendant to a suspended sentence of three years and a fine of twenty million won, and a surcharge of twenty million won, in one year and six months of imprisonment, is deemed to be too uneasible and unfair.

2. Determination

A. The first instance court’s determination of the Defendant’s assertion of mistake of facts is based on the evidence adopted, as follows.

유사 판례

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