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(영문) 대법원 2017.11.09 2017도9746
특정범죄가중처벌등에관한법률위반(조세)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed after the deadline for submitting the grounds of appeal).

1. Judgment on Defendant A’s grounds of appeal

A. (1) A crime of violation of Article 111(1) of the Defense Act, which is established when a public official receives money, valuables, entertainment or other benefits under the pretext of making a solicitation or arranging for a case or affairs involving L business-related attorney-at-law's violation of the law, is not necessarily established under the pretext of receiving money and valuables specifically specifying the public official in charge and arranging for a direct solicitation to him/her, but can also be established when a public official receives money and valuables, etc. under the pretext of arranging solicitation through intermediary material capable of exercising influence, as well as not specifying the public official to make solicitation (see Supreme Court Decision 2002Do3600, Jun. 28, 2007). However, where a public official receives money and valuables, etc. in consideration of the case or affairs handled by a public official, it does not constitute "an act of receiving money and valuables, etc. under the pretext of receiving a solicitation or arranging for a public official's affairs, etc." under the above provision, and where the public official has an indivisible nature of evidence such as preparing or handling of a criminal complaint (see Supreme Court Decision 20084.

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