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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is that Defendant B received cash KRW 10 million from F on May 13, 201, the Defendants entered into a financial consulting agreement with the R Co., Ltd. (hereinafter “R”) on the construction of a new apartment complex in the Mine-dong Complex (hereinafter “new construction project in this case”) and received the Defendants’ payment for the expenses of performing the business in the Seoul Gyeonggi-do, and did not receive the payment for the issuance of H’s loan intent.
In addition, Defendant A merely borrowed KRW 1 million from Defendant B, and it does not receive it under the name of repair expenses.
2. Judgment on the assertion of mistake of facts
A. Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes means the legislative intent of securing the inequality of duties by prohibiting the act of receiving money or goods by participating in the duties and receiving money or goods in addition to the State's economic policy and the national economy (Article 5) or any other act of receiving money or goods by participating in the duties, as the business of a financial institution under Article 2 subparagraph 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes has a public nature, and thus, it means not only transferring a certain matter to the other party as it is intended, but also the act of making a solicitation on behalf of the other party as well as the act of making a solicitation to the other party on behalf of the other party, and the act of arranging for the solicitation is included in cases where the act of receiving money or goods, etc. under the pretext as above is subject to past or legitimate duties, and the above crime is established regardless of which act of arranging it was actually conducted.
In addition, whether there is a quid pro quo relationship between a broker and a beneficiary of a financial institution's duties, the relationship between the broker and the beneficiary, and the relationship between the provider.