logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.04.24 2013노5703
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

provided that this ruling has become final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) With respect to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (A) by mistake of facts or misunderstanding of legal principles, the money remitted by the Defendant from G is merely the price under the construction design service contract, and it is not the good offices to obtain authorization and permission for the business of newly building residential welfare facilities for the aged on the eight lots of land including Sungnam-gu E

Therefore, the lower judgment that found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment.

B) Although it is reasonable for the Defendant to raise funds as stated in this part of the facts charged, since all of them were used for the work of Co., Ltd. D jointly operated by the Defendant, the Defendant’s intent to obtain unlawful acquisition is not recognized. Therefore, the judgment of the court below that convicted the Defendant of this part of the facts charged is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) The sentencing of the court below of unfair sentencing (two years of imprisonment and additional collection KRW 230 million) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor by mistake of facts (not guilty part), even if the defendant was found to have received cash of KRW 30 million from G, an adviser of F, a stock company, on July 3, 2008, the court below found the Defendant not guilty of this part of the facts charged, which erred by misapprehending the facts and affecting the conclusion of the judgment. 2) The judgment of the court below on the sentencing of unfair sentencing (two years of imprisonment and additional collection KRW 230 million) is unreasonable.

2. Judgment on conviction from violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

A. The summary of this part of the facts charged is an architect who operates C (hereinafter “C”) and D (hereinafter “D”) as a company.

1. The defendant around May 23, 2008 shall be the land in the area of 8 parcels, namely, Seongbuk-gu, Seongbuk-gu and Sungnam-si.

arrow