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(영문) 대법원 2014.04.10 2012도10828
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In order to establish a crime of mediation or acceptance as provided for in Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, there shall be acts of demanding, demanding or promising money, valuables or other benefits under the pretext of mediating between the person who has requested mediation and the public official who

Even if a person who has requested mediation and a public official who is the other party to mediation introduces a person who is to act as a broker (hereinafter referred to as "mediation agent") without making himself/herself or has requested mediation to the person who has requested mediation, if the mediation agent is not limited to simply introducing the mediation agent or requesting the mediation agent to act as a accomplice with the mediation agent, or if it is judged that the mediation agent has led or has actively participated in the execution of mediation by considering the whole of the mediation, the act of introducing or requesting is also an act of mediation which is a constituent element of the crime of mediation and acceptance.

(3) In light of the legal principles as to good offices, it is reasonable to view that the good offices have the nature of the good offices as consideration for the good offices, in a case where the good offices, etc. are indivisiblely combined with the good offices, and the good offices, the good offices, and the other offices, and the other offices, the good offices, and the other offices, and the other offices, the good offices, and the other offices, and the other offices, the good offices, and the other offices, etc. have the nature of the good offices, and the good offices, etc. have the nature of the good offices, in a case where the good offices, etc. have the nature of the good offices.

Supreme Court Decision 201No. 1000 Decided June 10, 201

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