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(영문) 대전지방법원 2015.12.11 2015노1002
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As stated in the facts charged, the Defendant informed E and F of the control information on illegal game rooms where he was preparing to operate, and changed the cost of official work cost of KRW 20 million to be paid to police officers. Accordingly, the Defendant received KRW 20 million from E and F.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and erroneous.

B. The lower court’s sentencing (six months of imprisonment and two years of suspended sentence) is too unjustifiable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant was a person who had acted and acted as friendly with the police officers who control the illegal game room to ordinary people, and who had no certain occupation. E, F, and H were those who operated the illegal game room in Asan City from October 2012 to October 10, 2012. In particular, E, and F, around August 2012, the Defendant was introduced from I, who had operated the illegal game room, as well as from I, to I, who had been aware of the Defendant.

Around September 2012, the Defendant demanded that E and F, which were prepared to operate the illegal game room at the time of Asan-si (hereinafter referred to as the “Asan-si”) to the effect that “Issan-si have a friend in the Asan-si Police Station, and police officers know well, Is the game room in Asan-si,” and demanded that “Issan-si inform police officers of control information concerning the operation of the game room through police officers, and changed the amount of KRW 20 million at the cost of the Official Work in the Asan-si.” The Defendant agreed that “Is the Defendant to give KRW 20,000,000 first eight million every month.”

Therefore, the Defendant, in accordance with the above commitments, was granted eight million won from E and F under the pretext of the official work expense at the motherel in which the Defendant was living in the building located in the middle of the Asan City in September 2012, and the first order of October 2012.

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