beta
Text
The judgment below
The guilty portion against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
. Prosecutors;
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) 1 of the misunderstanding of legal principles under Article 110 subparag. 1 of the Attorney-at-Law Act “an act of receiving money or goods under the pretext of associating with a public official of a trial and investigative agency, such as a prosecutor,” the contents must be illegal or abnormal, and the other party to the provision or assignment must be a public official of a trial and investigative agency, including a prosecutor. Whether the contents of the provision or assignment to a person who is not a public official of a trial and investigative agency is lawful or not is irrelevant to this. Thus, in this case, as long as the defendant’s act of providing a separate criminal information cannot be seen as unlawful or abnormal, the defendant’s act of providing a separate criminal information to a prosecutor, a corporation N (hereinafter “N”).
(2) It is reasonable to interpret that the act of receiving money and valuables from a prosecutor is “an act of receiving money and valuables under the pretext of interfering with a public official of a trial and investigative agency, such as a prosecutor, etc.” or (2) it is reasonable to interpret that money and valuables or other benefits belong to a public official of a trial and investigative agency. In this case, since the defendant tried to provide a prosecutor with criminal information which is not money and valuables or other benefits, it cannot be deemed as an “intermediate”. Thus, the judgment below which found the defendant guilty of this part of the facts charged in this case is erroneous in the misapprehension of legal principles. (2) The attorney fees agreement entered into with N around the beginning of August 2013 entered into with the defendant as a normal attorney attorney fees agreement with N on the pretext of success of O, P, or B, and the advisory agreement concluded on the same day was a normal advisory agreement with the contents that N keep trade secrets and appoint an exclusive lawyer for 15 years, and the above attorney fees agreement and legal advisory agreement is not related to the purchase of criminal information or the defendant.