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(영문) 서울서부지방법원 2016.10.13 2016노733
뇌물수수
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C’s assertion of misunderstanding of facts or misunderstanding of legal principles shall be deemed as a bribe that Defendant B and C paid to Defendant A in return for their continuous conclusion of a negotiated contract with the E-Gu Office.

Nevertheless, the judgment of the court below which acquitted the Defendants of the acceptance of bribe and the offering of bribe, which are the primary facts charged, is erroneous in the misapprehension of legal principles.

B. The lower court’s sentence against Defendant A on the assertion of unreasonable sentencing is too unfasible and unreasonable.

2. The summary of the facts charged in the instant case is a public official working in the E-gu and in charge of the business of purchasing snow equipment operated by the Gu office for repair and consumption under a private contract and confirming whether the contract is implemented. Defendant B is a person who actually operates G and H in Seodaemun-gu Seoul and performs repair and supply of snow removal equipment, etc. used by the government office upon receiving an order from the government office. Defendant C is a person who actually operates the J in Seoul, and Defendant C is a person who supplies expends such as tents used by the government office upon receiving an order from the government office.

Defendant

A, with respect to the purchase or repair of expendable goods of the E-gu Civil Works Department at early 2012, around early 2012, after selecting a company and requesting a written estimate to determine whether the company is able to enter into a negotiated contract with the written estimate of the company in question and directly examining whether the company has supplied and repaired the goods.

Defendant

A) On March 2012, the Defendant submitted a estimate for services, such as repair of cleaning and tensions, to G operators who supply repair and equipment for snow removal equipment of government offices, at the E-gu office located in Seoul, and to G operators who supply facilities and equipment at the E-gu office.

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