특정범죄가중처벌등에관한법률위반(알선수재)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Fact-finding 1) The Defendant’s receipt or receipt of a part of the money from H is limited to attached Table 2 of the crime sight table of the judgment below (hereinafter “crime sight table”).
(2) Although there was no money set forth in Nos. 10, 14-20, the lower court’s determination that the Defendant received all of the above part of the money was unlawful. (2) Whether the Defendant received money from H as stated in Nos. 1-9, 11-13, and 21 from H is the fact that the Defendant received money from H, or that the money set forth in Nos. 1-9, 11-13 was received as consideration by introducing I, which is a place where there is a high possibility for the Defendant to draft an urban planning in the future. The money set forth in No. 21 was returned to H on January 4, 2007.
Nevertheless, the court below recognized that the above money was offered as good offices to public officials, and was illegal as it was erroneous.
B. Although the completion of the statute of limitations (preliminary assertion) of the instant facts charged, even if the Defendant was found guilty of the part on which the receipt of money and valuables was recognized, the Defendant’s last receipt of money and valuables from H on October 4, 2006. Since a public prosecution was instituted on January 13, 2012, for which five years have passed from the statute of limitations, the statute of limitations should expire and the judgment of acquittal should be pronounced.
2. Determination
A. As to the assertion of mistake of facts, the court below held that H made an uncertain statement about the frequency or amount of giving or receiving money to the Defendant in the court of the court below. However, on the basis of the fact that H made a statement in advance at the investigative agency, it is relatively detailed that H made a statement to the Defendant without exaggeration by grasping in advance the name and the summer leave metal every year, and continuously memorying the situation at the time of continuous delivery of the rice rice price and leave expenses.