This case shall not be under the jurisdiction of the court.

1. In May 1, 2004, the Defendant received KRW 15 million from G to November 27, 2004 on the pretext of receiving KRW 93 million in total five times from the above day to the above day, as stated in the attached list of crimes, from the real estate lessor G, which was introduced through F, to the effect that “a request is made to the public official in charge to engage in logistics warehouse business by leasing 954 square meters on the site for the I Station located in Yongsan-gu Seoul, which is managed by the Korea National Railroad,” and received KRW 15 million from G to the public official in charge of the Korea National Railroad to obtain permission to use and benefit from the above I Station site.

As a result, the defendant received KRW 93 million under the pretext of solicitation or good offices for the affairs handled by public officials.

2. Determination as to the violation of jurisdiction

A. The gist of the argument is that the defendant and his defense counsel did not have jurisdiction over the land of this case before the statement about the defendant's case, and they transferred the case to the court having jurisdiction over the domicile of the defendant for the reason of violation of jurisdiction.

B. Determination 1) Article 4(1) of the Criminal Procedure Act provides that land jurisdiction shall be the place of crime, the address and domicile of the defendant, or the present place of residence. According to the facts charged, the crime of this case is “Eac shop located in Yongsan-gu Seoul, Yongsan-gu, Seoul.” The defendant’s address, domicile or present place of residence is not under the jurisdiction of this court. Furthermore, even upon examining the records of this case, no data can be found that the place of crime, the defendant’s domicile, residence, and present place of residence within the jurisdiction of this court.

2) Meanwhile, Article 34(1) of the Civil Procedure Act is applicable to whether the pertinent case should be transferred to the Dong-level court having jurisdiction over the present location of the defendant in the case where it is not under its jurisdiction.