(영문) 대구지방법원 2018.12.06 2018노3484 | 리걸엔진

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(영문) 대구지방법원 2018.12.06 2018노3484

특정범죄가중처벌등에관한법률위반(알선수재)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts and misapprehension of the legal principles) ① The Defendant was engaged in ordinary business activities as an agent owner under an agency contract with the J institution (hereinafter “J institution”) under the agency contract with the K institution (hereinafter “N company”), design company or construction company, and there was no solicitation to reflect the above title in the design, and the Defendant was actually paid A/S and sales expenses under the same conditions as other sales agencies. The Defendant was actually paid A/S, and the Defendant’s business expenses received are merely just for business activities, not for good offices, but for good offices. ② The Defendant was a pro-friendly relationship with L, etc. after commencement of the agency business, and the Defendant had already been reflected in the design of Mhoho, even if the Defendant did not engage in business activities. In light of the fact that there was a case where the Defendant ordered L, etc. to deliver money and other valuables to the K company in return for giving and receiving them to L, etc.

The judgment of the court below which determined the seal is erroneous and adversely affected by the conclusion of the judgment.

B) ① The reflection of M in the design of Mho is under the jurisdiction of a public official of the J agency, but the adoption of the N company’s Mhono by the N company does not fall under the elements of the establishment of the re-crime of good offices, and ② The other party to the Alho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-

Even if it does not constitute good offices, it shall not be considered as good offices.

Therefore, the lower court’s determination that the Defendant’s act constitutes a crime of aiding and abetting good offices is erroneous in the misapprehension of legal doctrine, which affected the conclusion of the judgment.

2) Punishments sentenced by the lower court (two years of imprisonment, three years of suspended execution, and three years of suspended execution).

유사 판례

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