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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant was delegated by the victim E to apply for purchase of the State-owned land at the time, Namyang-si, Nam-si, and L (hereinafter “instant land”) on April 201, and the Defendant actually conducted the survey of the current status of the said State-owned land or created an application form for disuse of state-owned property or a project plan to the victim; and (b) the Defendant did not intend to acquire KRW 500,000 for the cost of requesting purchase of State-owned
2. The lower court also asserted the same purport as the grounds for appeal.
The lower court found the Defendant guilty of the instant facts charged in full view of the circumstances indicated in its judgment.
In addition to the following circumstances revealed by the evidence duly adopted and investigated by the court below and the court below, the above judgment of the court below is justified and there is an error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.
subsection (b) of this section.
This part of the defendant's assertion is not accepted.
(1) The Defendant received a request from an investigative agency to an administrative process upon an application for purchase of State-owned land from an injured person on April 2012, and received KRW 500,00 from the investigative agency to pay for the application for disuse of State-owned land, business plans, measurement of current status, cadastral map, and oral map preparation costs.
After that, while the defendant surveyed the current status of the land in this case, he became aware that it is difficult to abolish the use because the building owned by the victim was constructed on the ground above the land, and around April 2013, he would return the down payment amount of KRW 500,000 to the victim.
However, the victim who received the information from the public official in charge submitted to the public official in charge the application for permission for the abolition of the use that the defendant created, the project plan, and accompanying documents for the abolition of the use.
“The statements are made”.
On this issue, the victim from the investigative agency to the court below.