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Defendant
All A’s appeal and prosecutor’s appeal are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The grounds of appeal by Defendant A requires the submission of a draft of amendment to an urban management plan to the petition group, which is the competent authority, in order to extend the golf course in the instant case where the extension of the J golf course located in the Ha (hereinafter “instant golf course”) from H (hereinafter “instant construction”), and the submission of a draft of amendment to the Si management plan, ② approval of the modification of the Si management plan (a sports facility) of the petition group, ③ approval of the modification of the Si management plan (a special-purpose area: sports facility), ④ approval of the modification of the Cheongbuk-do management plan (a special-purpose area), ④ application for authorization of the implementation plan for the urban planning facility project to the petition group, ⑤ Approval of the petition group, and designation of a project implementer. In
20 million won is paid in advance by H as part of the down payment under the above contract, instead of preparing a false statement on the instant contract between H in order to conceal it by receiving a contract for the instant construction project from a person awarded a contract for the instant construction project (hereinafter “instant contract”) and having entered into a contract for the instant construction project with H with the intent to perform the instant construction project upon receiving an order.
However, since H obtained the approval of the instant construction from the competent military office, it is limited to the wind that the Defendant could not actually perform the instant construction works to a company other than the content of the instant contract, and as long as it became impossible to start the construction due to the Defendant’s nonperformance of obligation to perform the instant contract, KRW 200 million received from H shall be deemed to be reverted to the Defendant properly as stipulated in the instant contract.
Therefore, since the defendant received KRW 200 million from H is unrelated to the solicitation, the court below held that the defendant received the above money as the above solicitation.