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The judgment below
Part concerning Defendant A, B, C, and D among them shall be reversed.
Defendant
A shall be sentenced to four years of imprisonment, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. Defendant A, B, C, and D’s assertion of misunderstanding of facts or misapprehension of the legal principles) Defendant A’s illegal solicitation and the absence of such consideration in the holding of the lower court is merely a transaction of the instant school site on the condition that the Plaintiff obtained approval from the board of directors of the OA and obtained permission from the competent observation office. As such, even if the Defendant received KRW 100 million as the down payment, it does not accept it as compensation for illegal solicitation.
Although the defendant arranged by Defendant B for a total of KRW 1.9 billion of credit loans from the excellent mutual savings bank, this is irrelevant to the sale and purchase of the school site of this case, so it cannot be viewed as the consideration for illegal solicitation.
around December 23, 2008, KRW 200,000 delivered by the Defendant from Defendant B was not received in consideration of illegal solicitation, but did not receive the above amount in lump sum.
B) According to the instant sales contract where there is no resolution of the board of directors, which is not a person dealing with another person’s business, or without permission from the competent authorities, the sales contract of the instant school site is null and void, and the Defendant is not a person dealing with another person’s business, as it concluded the instant sales contract in the capacity of an individual rather than the representative of the OA driving school. (C) According to the sales contract of this case where there is no public offering, the sales price of the instant school site is set at approximately KRW 27.4 billion and the down payment is set at KRW 3.5 billion paid by Defendant B while entering into the instant sales contract with the Defendant, stating that the down payment shall be KRW 3.5 billion paid by Defendant B as the down payment, but it was written differently against the Defendant’s will to include the already paid KRW 3.0 billion in the down payment of the instant sales contract, and it is not related to the Defendant.