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1. Defendant A’s judgment is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A and B1) misunderstanding of facts and misunderstanding of legal principles (related to the violation of the Real Estate Development Business Act (hereinafter “Real Estate Development Business Act”) ] The Defendants’ act constitutes an exception to registration under Article 3(3) subparag. 3 of the Enforcement Decree of the Real Estate Development Business Act. In addition, the Defendants received guidance from the department in charge that they need not be registered, and thus there was no intention of violation of the Act. (2) The lower court’s punishment against the Defendants on unreasonable sentencing (one hundred months of imprisonment and two years of suspended sentence) is too unreasonable.
B. Defendant C1’s misapprehension of the legal doctrine (related to the divulgence of official secrets) Defendant Y’s “Y” document (hereinafter “documents of this case”).
A) Although the delivery of the instant documents is true, the content of the instant documents does not constitute “official secrets” worth protecting as a substantial secret, and did not pose a threat to the State’s function due to the Defendant’s act. Therefore, the Defendant’s act does not constitute a divulgence of official secrets. Therefore, the Defendant’s act is too unreasonable.
C. Considering the fact-finding and misunderstanding of legal principles (related to the point of acceptance of bribe), Defendant E (1) was merely a benefit received from A and B due to a need for private friendship, and cannot be deemed as a benefit having a quid pro quo relation with the duties as the G head of GGun. Even if such benefit exceeds the need for a decentralization, the Defendant did not fully recognize the fact that he/she has a quid pro quo relation with his/her duties as the G head of GGun. (A) The Defendant, A, and B had a friendly relationship, such as golf trading and family meetings that the Defendant was elected to G head of G Gun on June 4, 2014.
B. In light of the circumstances and timing of receiving benefits from A and B, and the size of the benefits provided, the provision of benefits to the defendant and the case in A and B.