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(영문) 대법원 2015.03.12 2013도363
특정범죄가중처벌등에관한법률위반(알선수재)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The crime of good offices taking place is a crime committed under the pretext of arranging matters belonging to the duties of public officials.

Whether there is a quid pro quo relationship between a referral of matters falling under the duties of a public official and a money and valuables received shall be determined by comprehensively taking into account all the circumstances, such as the contents of the relevant good offices, the relationship between a broker and a beneficiary, the amount of profit, the details and timing of receiving the profit, etc., and it is sufficient that there is

(2) According to the reasoning of the judgment below, the court below reversed the judgment of the court of first instance and acquitted the Defendant of the charges of this case on the following grounds: (a) the Defendant continued to use or store and use the instant credit card and bents car based on internal relations after the time of solicitation, and there was time interval between the time of solicitation and the time of solicitation; (b) there was no difference in economic support based on internal relations, such as the Defendant’s relationship and the amount of credit card use at the time of solicitation and before and after solicitation; (c) there was no circumstance for H to demand the Defendant to return the instant credit card and bents car at the time of solicitation; and (d) there was no circumstance for the Defendant to demand the Defendant to return the instant credit card and bents car at the time of solicitation; and (e) the circumstance of arrangement, etc., the Defendant continued to use or store the instant credit card and bents car based on internal relations after the time of solicitation.

Examining the evidence duly adopted and examined by the court below in light of the legal principles as seen earlier, the judgment of the court below is justified.

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