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(영문) 서울고등법원 2013.05.03 2012노1719
특정범죄가중처벌등에관한법률위반(알선수재)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

25,457,00 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal is that the defendant merely borrowed KRW 100 million from I and that the loan is irrelevant to the solicitation of public officials belonging to the FF Agricultural Technology Center. Thus, even though the defendant did not receive the money from I with regard to the referral of matters concerning the duties of public officials, the court below erred in the misapprehension of facts against the defendant.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor examined the facts charged in the facts charged against the defendant at the trial of the court below (Article 11 of the judgment of the court below No. 2. 13 of the judgment of the court below). The defendant received KRW 100,000 cashier's checks and KRW 100,000 from I, around December 26, 2006, from the office of the office of the National Agricultural Cooperative of the National Agricultural Cooperatives, Osan-si, Osan-si, 876-3 of the judgment of the court of the court below, and the defendant received KRW 100,000 from I, 100,000,000,000 from I, as a case against this, money and valuables were received from the public official's office of the National Agricultural Cooperative on December 26, 2006, which had no longer been given to the public official's interest or modification of the bill of indictment.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts still has its meaning, so it shall be judged below.

B. As to the primary facts charged, the Defendant was in office from around November 16, 201 to February 201, 201, and served as FJist from around February 2000 to around February 2009. G from November 16, 201.

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