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(영문) 광주고등법원 2020.09.10 2020노145
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Each violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) does not relate to the employment of the J, and thus, the Defendant cannot be deemed to have received money and valuables under the pretext of arranging “matters belonging to the public official’s duties.” Nevertheless, the lower court erred by misapprehending facts or misapprehending relevant legal principles, thereby convicting the Defendant of this part of the facts charged. 2) The Defendant’s preparing a certificate of borrowing in the name of the Defendant to E is merely due to the fact that, in a case where E is not employed by his/her father, the Defendant requested the Defendant to prepare a certificate of borrowing in order to receive a return of KRW 30 million,000,000,0000 issued to the Defendant, and is not due to the fact that the Defendant attempted

As above, although the Defendant did not have any intention to pretend the cause of criminal proceeds, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the relevant legal doctrine.

3. In light of the fact that the Defendant was unaware of the fact that he received money from L for employment mediation, etc., it is difficult to deem that the Defendant and A have finally agreed to accept a bribe on the pretext of personnel expenses in connection with the employment of future L.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the facts or misapprehending the relevant legal doctrine.

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

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, money and valuables for the crime of acceptance of good offices under Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes are “the name of arranging matters belonging to the public official’s duties.”

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