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(영문) 부산고등법원 2020.05.20 2020노97
특정범죄가중처벌등에관한법률위반(알선수재)
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

97,030,000 won shall be additionally collected from the defendant.

Reasons

1. The gist of the grounds for appeal (e.g., imprisonment with prison labor) of the original judgment is too unreasonable;

2. The decision shall be made ex officio prior to the decision on the grounds for appeal.

The lower court acknowledged that the Defendant received from C the “the benefit that the Defendant would not repay the existing debt amounting to KRW 14,950,000,000 in addition to KRW 87,030,000,000, in return for mediating the conclusion of the pumps supply contract related to the “F business” of the Busan E-gu Office.

However, according to the evidence duly adopted and examined by the court below, the defendant received KRW 100 million in return for the aforementioned good offices between C and C on December 20, 2017, and the amount of KRW 14,595,000 (the original court found the amount of KRW 14,950,000,000) out of the amount of KRW 14,595,000 (the original court found the amount of KRW 14,950,000) as part of the above KRW 100,000 (14,595,000 - 1,000,000) as the good offices of Z introduced by the defendant, and supplied Y and Y to Z, and provided Y and Z an honorarium for the payment of KRW 14,59,00,00 in advance to Y and Y, but received a demand from the defendant for the payment.

(Evidence Records 420 to 423, 530, 531). The aforementioned “Mi-gun U” appears to be related to this.

After agreement to offset each other respectively, the fact that 87,030,000 won, which deducts taxes from 90 million won (10 million won - 10 million won) can be acknowledged as having been extended between January 31, 2018 and September 17, 2018, as stated in the judgment of the court below.

(Evidence Records 371, 417, 418, 627 pages). Accordingly, money and other valuables or benefits received by the Defendant in return for mediating the conclusion of a law firm supply contract related to “F business” shall be deemed as KRW 87,030,000 in total, 97,030,000,000,000,000,000,000,000,000 in total. However, the lower court recognized the Defendant’s payment amount as KRW 101,980,00 in total,00,000 in view of the gains from the termination of the obligation as KRW 14,950.

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