특정경제범죄가중처벌등에관한법률위반(알선수재)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) There is no fact that the Defendant received money and valuables in collusion with E, as stated in the facts charged. (2) The sentence of an unreasonable sentencing (two months of imprisonment and additional collection) by the lower court is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, the following facts and circumstances can be acknowledged.
① In running food business through R Co., Ltd., C, around May 2012, the Ministry of Culture and Tourism, the Korea Credit Guarantee Fund, and the Ministry of Agriculture and Forestry tried to help them receive assistance from the Ministry of Culture and Tourism.
② In relation to the election of a member of the National Assembly implemented in 2012, the Defendant was in an economic difficult situation due to the occurrence of damages equivalent thereto while supporting the election campaign of a member of the National Assembly.
C In June 2012, through D, the president of Tparty U at the time when he was aware of it, the defendant, who was in a relationship with the member of the National Assembly, was the primary school of the member of the S Assembly, was the same as the meals within the thousands.
In the above position, the Defendant talked on the purport that “if there is money, it will help the Defendant,” and C requested the Korea Credit Guarantee Fund and the Korea Technology Credit Guarantee Fund to help the Defendant receive policy funds from the Korea Technology Credit Guarantee Fund and the Korea Technology Credit Guarantee Fund, and the Defendant introduced C, an assistant to the S Assembly member E.
③ From July 25, 2012, the Defendant, C, E, and D had a meal at the “G” hall located in the Westbuk-gu, Seocheon-gu, Seocheon-gu, and C sent cash KRW 100 million in cash contained in the paper shopping bags prepared in advance.
④ 위 식사 모임이 끝난 뒤, 피고인, E, D은 인근 맥주집에 가서 맥주를 더 마셨고, 그 중 D이 먼저 자리를 떴으며, 남은 피고인과 E는 위 현금 1억 원을 피고인의 차량 트렁크에 넣고, 대리...