사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. As to the violation of the law by attorney-at-law, the person subject to an administrative fine following the installation of illegal banner shall be E.
E concluding a contract for the production of banner and fine for negligence with the Green Traffic Disabled Association, an incorporated association, will be subject to the reduction of fine for negligence by changing the person subject to fine for negligence to a disabled organization.
E Money paid to a defendant shall be deemed money received under the pretext of a solicitation for public official's business affairs.
B. The sentence of the lower court’s unfair sentencing is too unfortunate and unreasonable.
2. Judgment on the assertion of mistake of facts
A. The lower court determined that the Defendant cannot be deemed to have received the price for the production of banner and the contract for the fine for negligence (hereinafter “the contract for negligence”) under the pretext of soliciting the public officials in charge of administrative fines from E.
Specific reasons for judgment are as follows.
(1) Article 111 of the Act provides that "any person shall receive money, valuables, entertainment, or other benefits under the pretext of soliciting or arranging a case or affairs handled by a public official" refers to the case or affairs handled by a public official under the pretext of mediating between the public official and his/her client. This does not include cases where he/she simply provides labor or convenience in connection with a case or affairs handled by a public official and receives money, valuables, etc. in consideration thereof.
The amount excluding KRW 4,00 from KRW 16,00 to KRW 5,00,00 for the production of banner under a contract made by the Green Traffic Association and E, and from KRW 16,00 for each administrative fine, is about KRW 11,00 to KRW 12,00 for each hall. Administrative fines for illegal installation of banner may be imposed from KRW 80,00 for each banner up to KRW 500,00 for each hall within the limit of KRW 5,00 for each hall.
Administrative fines shall be imposed on the total quantity of illegally installed banners, and the case of persons with disabilities shall be low.