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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is a crime established by receiving money or other valuables under the pretext of arranging matters belonging to the duties of a public official. Here, the term "mediation" refers to the act of delivering the intention of the parties to a certain matter belonging to the duties of a public official to the public official, promoting convenience, requesting or exercising influence on the duties of a public official so that a decision is made in the direction that the party wants.
In such cases, the duties of public officials shall also be included in the case of legitimate duties, and it is not necessary to specify the public officials who are the other party to the mediation or the details of their duties.
In addition, if money and valuables were received under the above intermediation, the above crime is established regardless of which specific arrangement is actually conducted.
In addition, the issue of whether there is a quid pro quo relationship between the good offices and the money received as a matter of duties of a public official shall be determined by considering all the circumstances, such as the contents of the good offices, the relationship between the good offices and the beneficiary, the amount of the profit, the details and timing of the receipt of the profit, etc., and there is a comprehensive
Meanwhile, in case where the nature of the consideration for the good offices and the nature of the consideration for the other acts are indivisiblely combined with the money received by the good offices, it is reasonable to view that the whole of the money received by the broker has the nature of the consideration for the
(see, e.g., Supreme Court Decision 2010Do13354, Jan. 12, 2012). Examining the reasoning of the lower judgment in light of the foregoing legal doctrine, the lower court, based on its stated reasoning, against M regarding the referral of matters that the Defendant belongs to public officials’ duties in relation to the purchase of the building site at FF Agricultural Technology Center.