Cases
A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)
B. Violation of Act on Real Name Financial Transactions and Guarantee
(c) Violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment.
(d) Violation of the Improper Solicitation and Graft Act;
Defendant
A
Appellant
Defendant and Prosecutor
Defense Counsel
Attorney Seo Young-gu
The judgment below
Seoul High Court Decision 2020No1005 Decided November 26, 2020
Imposition of Judgment
April 15, 2021
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’s ground of appeal
For reasons indicated in its holding, the lower court upheld the judgment of the first instance court that convicted the Defendants of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) (hereinafter referred to as the “Aggravated Punishment, etc.”) of the part on the list of crimes Nos. 6, 2, and 3 attached to the judgment of the first instance. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of
2. As to the Prosecutor’s Grounds of Appeal
For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of a crime against the part of the charges of this case concerning the receipt of KRW 2 million around A, around 2016, violation of the Specific Crimes Aggravated Punishment Act (Bribery) due to water supply of KRW 1 million on September 10, 2019, violation of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Financial Real Name Act”), violation of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Financial Real Name Act”) and violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Act on the Regulation of Criminal Proceeds Concealment”). Examining the reasoning of the lower judgment in light of relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the establishment of a crime of violation of the Specific Crimes Aggravated Punishment Act (Bribery), a violation of the Act on Real Name Financial Transactions, a violation of
Meanwhile, the prosecutor appealed all of the judgment below on the violation of the Specific Crimes Aggravated Punishment Act (Bribery), the violation of the Act on Real Name Financial Transactions, and the Regulation on the Regulation on the Concealment of Criminal Proceeds. However, among the convictions, there is no specific reason in the petition of appeal and there is no reason for appeal as to the appellate brief
3. Conclusion
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Judges
Justices Park Sang-ok
Justices Ansan-chul
Justices Noh Jeong-hee
Justices Kim Jong-hwan