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(영문) 춘천지방법원 강릉지원 2018.11.01 2018노279
특정범죄가중처벌등에관한법률위반(알선수재)등
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and Sentencing) ① The Defendant did not receive KRW 50 million from F on October 2016 from F.

② The Defendant’s KRW 100 million received from F on September 12, 2016 (hereinafter “E”) concluded a service contract of KRW 200 million (hereinafter “instant service contract” or “instant service”) for lawful authorization and permission for the construction of a multi-use apartment on six lots, including G of F Co., Ltd. (hereinafter “E”) and on six lots (hereinafter “instant apartment construction project”), and received the payment as part of the cost for performing his/her duties, and does not accept money and valuables for mediating matters belonging to the public official’s duties. The Defendant paid KRW 132,00,000,000,000, which was paid on November 16, 2017, as the remainder of the Defendant claimed for the payment of KRW 100,000,000,000,000,000, in consideration of the agreement for good offices.

shall not be deemed to exist.

③ As stated in the above ① (2), the Defendant did not receive KRW 50 million, and the Defendant received KRW 100 million as consideration for good offices, and thus, the Defendant cannot be deemed as hiding criminal proceeds even if he received KRW 48 million among them to L, even if he received money in M’s name.

Even if the Defendant received the above KRW 100 million as a broker, the above KRW 20 million, out of the KRW 48 million, received from the Gyeyangju BG on November 1, 2016. Therefore, at least the above KRW 20 million, does not constitute criminal proceeds.

(4) Even if the conviction is recognized, the additional collection charge (the additional value-added tax of KRW 10 million shall be KRW 22 million) shall be deducted at the regular time.

(5) The punishment of the court below is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination of misunderstanding of facts or misapprehension of legal principles

A. The defendant is KRW 50 million.

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