[공직자윤리법위반][미간행]
Defendant
Prosecutor
The e-ray;
Law Firm Youngjin, Attorney Kim Yong-min
Seoul Central District Court Decision 2008 Godan5167 Decided November 18, 2008
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
Comprehensively taking account of the evidence submitted by the prosecutor, △△ Financial Securities Co., Ltd. newly employed by the Defendant on May 25, 2007 is a profit-making private enterprise closely related to the duties of ○○ Support under the Governor of the Financial Supervisory Service, who had worked until January 23, 2005, and the Defendant could fully recognize the employment of the said stock company without obtaining approval from the public service ethics committee, but the lower court acquitted the Defendant on the grounds of erroneous determination of facts or misapprehension of legal principles.
2. Determination
In light of the records, a thorough examination of the evidence of this case (the copy, etc. of the Seoul Administrative Court Decision 2008Guhap6561, Apr. 8, 2009) is conducted in light of the records, the court below's decision that acquitted the defendant on the ground that "the △△ Financial Securities Co., Ltd. employed by the defendant cannot be deemed as an enterprise closely related to the business of ○○ support under the control of the Financial Supervisory Service, and it does not seem to have known that the defendant was employed at the time of employment, and that the defendant was employed in an enterprise whose employment is restricted, is just and acceptable, and there is no error of mistake of facts or misapprehension of legal principles as pointed out by
3. Conclusion
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges Yang Jae-young (Presiding Judge)