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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
The judgment below
Part of acquittal.
Reasons
1. Summary of grounds for appeal;
A. (1) On January 7, 2009, the Defendant was issued a disposition that revoked the instant construction permit from the Sungsung market on October 26, 2010, when it was issued a construction permit or a permit to convert mountainous district (hereinafter “instant construction permit”) with respect to the construction of “I convalescent Hospital” (hereinafter “the instant hospital”).
In this regard, with knowledge of these circumstances, the victim Q borrowed KRW 400,000,00, which will be applied to the instant construction project upon revocation of the disposition to revoke the instant construction permit construction permit, by filing a lawsuit against the victims of the instant construction project, or by dividing the profits derived from the winning amount into the winning amount, upon receipt of the Defendant’s proposal, and then requested the Defendant to prepare a contract for construction work, and request the Defendant to pay the money at a meeting of the P Council meeting of the P Council operated by him/her. On December 9, 2010, the Defendant drafted a contract for construction work (hereinafter “the instant contract”).
In addition, the agreement prepared by the defendant between the victim Q on December 20, 2010 (hereinafter "the agreement of this case") entered into by the defendant on December 20, 2010 into between the defendant and the victim Q states the business plan and the distribution ratio of the defendant and the victim Q Q in the case where the defendant filed a lawsuit against the market of Gohap for revocation of the construction permit of this case or a lawsuit against Gohap for compensation for damages against the Luxembourg. In particular, Paragraph 7 states that the use of KRW 400,000,000 is not the condition that the construction of this case is ordered as the number of the construction of this case. In light of the fact that the defendant and the victim Q signed and sealed on the front of the agreement of this case, the above agreement is a valid document.
The victim Q Q will be able to receive the instant construction.