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(영문) 대법원 2018.06.12 2018도2476
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by the defendant

A. (1) With respect to the grounds for appeal Nos. 1 to 3, it refers to a case in which a public official receives money, valuables, entertainment, or other benefits under the pretext of soliciting or arranging a case or affairs handled by a public official."

In case where money and valuables are received and delivered in an indivisible combination of the nature of solicitation for a case or affairs handled by a public official and the nature of consideration for other acts, the court below recognized the following criminal facts and convicted all of the charges of this case of violation of the law of defense among the charges of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case.

The Defendant entered into a communications consulting contract with L on February 27, 2009 (hereinafter “instant service contract”) for the reappointment of the representative director of M L Co., Ltd. (hereinafter “L”), and received total of KRW 2,134,00,000 from March 6, 2009 to February 10, 2012, in return for solicitation or arrangement to P deemed public officials pursuant to Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 2 subparag. 2 of the Enforcement Decree of the same Act.

(3) Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court’s aforementioned determination is justifiable.

In contrast to the allegations in the grounds of appeal, the principle of free evaluation exceeds the bounds of the principle of free evaluation in violation of logical and empirical rules, or the legal principles on the consideration for solicitation or mediation, the timing of acceptance and the decentralization.

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