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(영문) 서울고등법원 2014.01.10 2012노2359
뇌물공여
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is too unreasonable in light of the fact that the defendant reflects his act, actively cooperatedd with the investigation of the investigation agency, and that the defendant is not leading to the crime of this case for personal benefit.

2. The Defendant offered a bribe in response to the solicitation to the effect that the Defendant, while working as an executive of D Co., Ltd. (hereinafter “D”), assigned a favorable score to D with respect to the design and construction advisory committee of D & D projects, which is ordered by the Korea Environment Corporation. In light of the fact that the Defendant’s criminal act of this case seriously damaged the people’s trust on the fairness of business related to construction ordered by the Korea Environment Corporation, the impossibility of public services, etc., and the Defendant offered a bribe to several design deliberative committee members over a number of times, and the amount also exceeds KRW 1330 million, the Defendant’s liability for the crime is light.

subsection (b) of this section.

However, the defendant divided each of the crimes of this case and actively cooperated with the investigation by the investigative agency, and the defendant committed the crime of this case under the direction of the company while taking charge of D's business. The defendant appears not to have obtained direct profits from the crime of this case, and the defendant granted the most money and valuables to AJ, which suffered a new certificate among the design deliberation subcommittee, and it seems to have included the purport of the defendant's intent to assist the AJ with health issues. The crime of this case is an quasi-public official, and the defendant has no specific power to commit the crime except for the judgment of suspended execution before a long period of suspension of execution, and other circumstances after the crime of this case.

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