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(영문) 서울고등법원 2019.03.29 2018노2522
제3자뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles with respect to the third party acceptance of bribe 1) B Market Price D Co., Ltd. (hereinafter “D”).

2) The F Business Co., Ltd. (hereinafter referred to as the “F Business”).

(2) The Defendant was not in a position to exercise influence over the Defendant’s selection of contract companies, the other party to which the contract was entered into between B and I (hereinafter “I”), since the Defendant was not a party to whom the contract was entered into between B and B, and the contract team leader of the integrated control team was not a party to whom the contract was entered into. As such, the Defendant was not in a position to exercise influence over the Defendant’s selection of contract companies, the other party to which the contract was entered into, as the contract department, inasmuch as the Defendant, the head of the integrated control team, was a public official in charge of accounting and contract teams, which is the contracting department.

3) The Defendant is merely an incorporated association G (hereinafter “G”) to have a religious belief with E and J.

there is no request to make contributions.

B. In the misapprehension of the legal principle regarding illegal solicitation, the Defendant did not have received explicit solicitations from the J, a representative director of H or K, or the N or K, a representative director of N or K, and there was no common perception or understanding as to the fact that money and valuables provided to G from D or I, were paid for the Defendant’s duties.

C. The judgment of the court below which judged otherwise is erroneous in the misunderstanding of facts, in the absence of a direct actor who had had a third party give a bribe to G, which is a third party of the mistake of facts concerning the direct actor, is merely E and J, and the defendant cannot be viewed as the subject of the act.

2. Determination

A. Judgment on the misunderstanding of facts or misapprehension of legal principles with respect to the third party acceptance of bribe 1.

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