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(영문) 청주지방법원 2015.07.24 2014고단1580
특정범죄가중처벌등에관한법률위반(알선수재)
Text

The defendant shall be innocent.

Reasons

1. On June 16, 2013, the Defendant received KRW 200 million in return for the above solicitation from a petroleum retailer I and J upon receipt of a request from a public official in charge of the control of the Institute to make crackdowns on the selling of fake petroleum,” and from September 16, 2013, the Defendant received KRW 200 million in return for the above solicitation, as shown in the list of crimes, from September 16, 2013.

As a result, the defendant received money and valuables on the intermediation of matters belonging to public officials' duties.

2. The gist of the defendant's legal action is only the fact that the defendant borrowed KRW 200 million from I or J, and there is no receipt of the above money in connection with the public official's referral of matters belonging to his duties.

However, on September 2013, when the defendant demanded the repayment of KRW 200 million, there is only the entry of the request of the Korea Petroleum Quality Control Board or the tax office to request for the high seas.

3. The Defendant asserts that the Defendant received KRW 200 million in total five times by receiving KRW 130 million from a police officer on August 2013, 2013, unlike the foregoing facts charged, the Defendant received KRW 130 million.

In light of the fact that the above amount was received in cash at the time of receiving KRW 130 million out of the above 200 million in the process of receiving the above amount, the above amount was received in full at the time of receiving the above amount in cash, and the above method of receiving the above amount can be deemed to be considerably exceptional in ordinary monetary lending transactions. In light of the above, it is difficult to deny the defendant's assertion that the above amount was received in cash under the pretext of borrowing the above 200 million won.

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