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(영문) 광주지방법원 2017.06.28 2017노1720
특정범죄가중처벌등에관한법률위반(알선수재)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

60,000,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant received a deposit passbook (Account Number M) and a seal (hereinafter “deposit passbook, etc.”) stating the password in the name of L which KRW 10 million was deposited by I from I, but this merely received in connection with “AB Sewage Treatment Corporation” (hereinafter “K District Corporation”).

The court below found the defendant guilty of this part of the facts charged although it was not received in relation to this issue. The court below erred in the misapprehension of facts.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The judgment of the court below as to the defendant's assertion of mistake of facts was duly adopted and examined, namely, the following circumstances: ① N, the representative director of U (U (U) at the investigative agency, who is the representative director of U (U), consistently stated that if I had been selected as a public official of U (U) in order to select a public official of U with respect to K district construction, he would change the consideration; ② U (U) delivered KRW 23 million to I on September 9, 2015 when the public official was actually selected as a public official of U (U (U), and ② requested by the investigative agency to the effect that I, in relation to K district construction, made it difficult for the defendant to select a public official of U to select a public official of U (U (U) at the defendant's office; ② received KRW 23 million from N to deliver a passbook, etc. at the defendant's office on the same day (the statement was partially reversed, but the statement made by the investigation agency of I was sufficiently explained as to how U to deliver the passbook to the defendant's prior order.

In light of the fact that there is no evidence to see, as stated in the judgment of the court below, the defendant can sufficiently recognize the fact that the defendant received deposits, etc. from I in connection with the K District Corporation.

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