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(영문) 광주고등법원 2011.09.08 2011노116
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of the facts charged

A. Defendant A, who was in office as the Gun of the Gun of the Gun from January 2009, was carrying out the overall tasks of the Gun of the Gun of the Gun and performed the overall tasks of imposition by assisting the Gun of the Gun, including the establishment of comprehensive development plans, various development projects such as welfare facilities for the aged, tourism culture projects, approval and execution of the electronic bid price of at least KRW 100 million.

Defendant

A on September 7, 2009, when there is a construction project ordered from Defendant B, a construction business operator, in the area of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Republic of Korea on behalf of Defendant A, with the request for delivery of various conveniences, A agreed that Defendant B will pay for the principal and interest of the apartment mortgage loan of KRW 220 million out of the purchase price of the apartment of this case scheduled to be purchased by Defendant A.

Accordingly, Defendant A promised to accept a bribe in relation to his duties.

B. Defendant B agreed to pay on behalf of Defendant A the principal and interest of KRW 22 billion upon the request that Defendant B be given a delivery of various convenience when the construction work is ordered to Defendant A at the same time and place as above, and promised to offer a bribe to public officials.

2. The judgment of the court below

A. As to the profit amount Defendant A received from Defendant B, the lower court determined that ① Defendant A was aware of the purchase on the ground that the purchase price of the instant apartment was lower than the market price. If Defendant B had a conclusive expectation or belief that Defendant B would fully repay the loan amount of KRW 220 million, there was no reason to view the purchase of the instant apartment. ② Defendant B and Defendant B are jointly responsible for the principal and interest of KRW 220 million for the loan amount of the instant apartment, and mutually cooperate with Defendant B for the repayment of principal and interest (hereinafter referred to as an agreement between Defendant A and Defendant). The investigation record Nos. 13 and 392.

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