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(영문) 서울고등법원 2017.07.21 2017노20
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment below

Among the parts of conviction and acquittal against Defendant A, the aggravated punishment, etc. of specific crimes is applied.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (the supplement of the grounds for appeal submitted after the deadline for submitting the statement of reasons for appeal shall be limited to the supplement of the reasons for appeal) 1) misunderstanding of facts and misunderstanding of legal principles, and Defendant A did not have any possibility that the case related to the Z Group was terminated at the time when the Defendant A met, and that there was no possibility that the case will be re-established.

Defendant

A, regardless of the handling of internal investigation cases, requested C to help the wife and South Korea.

C Co., Ltd. (hereinafter “X”) entered into a contract for cleaning services with AG upon the request of the Defendant at the time of determining the cleaning services to be entrusted to a new business entity, which is managed by X (hereinafter referred to as “X”), with the name of the first company, and thereafter, indicated the name as it is, and subsequently, omitted the indication of the corporation).

Defendant

There was no illegal solicitation concerning duties between A and C, and there was no relationship between the service contract and the consideration.

B) The three securities account in the name of the bank account under the name of the Republic of Korea and the name of the AA in violation of the Act on Real Name Financial Transactions and Confidentiality is not used by Defendant A as the borrowed name.

"Other evasion of the law" provided for in Article 3 (3) of the Act on Real Name Financial Transactions and Confidentiality does not include any false registration of property in violation of the Public Official Ethics Act by means of property registration when a public official registers his/her property.

2) The sentence of the lower court (four years of imprisonment) against Defendant A who is unfair in sentencing is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles) Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and Defendant B’s offering of bribe (i.e., bribery-related part of the facts charged are provided by Defendant A, who is in the position of prosecutor with comprehensive authority over investigation, with convenience related to the disposition of the criminal case to be in charge in the future.

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