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(영문) 대전지방법원 2018.08.16 2018노518
배임수재
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: the Defendant was issued KRW 2 million in return for the request from F to the effect that “the selection of D to a supplier of agricultural machinery” was “the selection of D to a supplier of agricultural machinery.”

Although the court below rendered a not-guilty verdict against the defendant, the court below erred by misunderstanding facts in the judgment of the court below, which affected the conclusion of the judgment.

2. The following circumstances, which are acknowledged by the records, the witness U of the lower court’s reasoning, led to the occurrence and withdrawal of the problem and agreed to engage in the business leasing agricultural machinery in the village. At the time of selecting the agricultural machinery company, there was considerable time for selecting the agricultural machinery company.

A company, which is well known as agricultural machinery, was D, and a place where many machinery can be solved at one time in Asan City was only D.

“....” The witness M of the lower court also stated to the effect that “D” is a company with good services and many residents.

“The Defendant made a statement to the effect that it was unreasonable to select D as an agricultural machine supplier. In light of this, the Defendant’s selection was an unreasonable choice.

In full view of the facts that the Defendant received an illegal solicitation from E or F, or received money and valuables in return for an illegal solicitation.

The lower court’s determination that it is difficult to see is justifiable, and it did not err by misapprehending the facts as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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