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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) although the defendant was able to use the funds in favor of the public officials of the Gu office; (b) although he was unaware of whether D had the ability to use the funds in favor of D while he was given money to D, he received KRW 5 million from the victim for the actual use of the funds for the funds for the funds for the funds for the funds for the funds for the funds for the funds for the funds for the funds for the funds for the funds for the funds; (c) there was no fact that the defendant directly invested in D; and (d) there was no fact that the money was used for the funds after he delivered the money to D, the defendant could be found to have obtained the money by deceiving the victim, the judgment of acquittal of
2. The facts charged and the judgment of the court below
A. The Defendant in the facts charged is a person operating the Gangseo-gu Seoul Metropolitan Government Arts Center in the trade name, and D is a person operating an environmental organization for non-profit purposes in the same Gu E.
From 197 to 2,500, the victim F had been operating a house farming business in Gangseo-gu Seoul Metropolitan Government located in Gangseo-gu Seoul Metropolitan Government, and the defendant and D also have installed one farming house.
However, since each farming shed is an illegal building, it became subject to the control of public officials in charge of the Gangseo-gu Office in the Seocho-gu Office on March 2010.
Accordingly, the defendant and D did not have a friendly relationship with the public officials in charge of the Gu office and did not have any position to exercise any influence over enforcement so that they did not receive money under the pretext of soliciting public officials from victims.
Nevertheless, around March 23, 2010, the Defendant and D conspired with the Defendant and D to the effect that “on the part of the Defendant and the head of the department in charge of the Gu office housing may bring down a crackdown on money to the victim before the Defendant and the head of the department in charge of the Gu office housing in Gangseo-gu Seoul Metropolitan Government.” It is true from the victim who believed it to be true.