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Defendant
All appeals filed by A, B, and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. On October 16, 2009, Defendant A1, as well as I, K, andO around October 16, 2009, the Defendant, along with I, K, andO, was unable to bread with the Defendant’s restaurant as to who calculated the food at the Defendant’s restaurant. The Defendant was urged by K that he paid the food by him, and that he was informed of I as an election law violation without theO’s proper knowledge, and that he was paid the food by K. The Defendant’s wife was confirmed to N, who was the Defendant’s wife, and that he received the food from K.
The statement from K and N is only made to the investigation agency, and there is no false statement with the intention of the investigation agency to allow I to escape.
2) misunderstanding of facts and misapprehension of legal principles as to obstruction of the performance of the official duties in a deceptive scheme and, at the time of the building permit, Defendant B did not have any intention to actually construct the utility tunnel board but did not deal with the subsequent land that may be cancelled in the development restriction zone. If Defendant B’s application for the building permit for the joint flag board by the public official in charge was made through the process of verifying the authenticity of the community residents who signed the general assembly resolution letter, etc., the public official in charge could easily confirm that the documents for the application were prepared differently from the facts, but the above building permit was granted with the belief that the false explanatory materials, etc. were light and belief without sufficiently verifying that the documents for the application were prepared. Thus, this cannot be said to be due to the Defendants’ insufficient examination, and therefore, it does not constitute interference with the performance of official duties by deceptive scheme.
3) Defendant A received KRW 15 million from Defendant B by mistake as to the receipt of good offices related to the permission for the construction of a common pre-market, only received the payment for cooperation by Defendant B by drawing up false documents and applying for the permission for the construction of a utility tunnel related to the utility tunnel. The solicitation or arrangement is made to the J Mayor.