(영문) 서울고등법원 2015.03.26 2014노3780 | 리걸엔진

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(영문) 서울고등법원 2015.03.26 2014노3780

특정범죄가중처벌등에관한법률위반(알선수재)

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The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: The sentence of unfair sentencing (one hundred months of imprisonment and additional collection of KRW 93,020,400) by the lower court is too unreasonable.

2. There are circumstances that may be considered for the Defendant, such as: (a) the Defendant, since the investigative agency, recognized the instant crime to the trial; (b) the Defendant committed the instant crime; (c) the Defendant was only convicted of a fine for a minor penalty; (d) the Defendant has no criminal records of the same kind or suspended execution of the execution of the sentence; and (e) the Defendant is suffering from a disease, such as urology, and is in a position where the Defendant must support a

However, in light of the fact that the defendant's act of this case is likely to have an adverse impact on the citizen's trust in the promotion of private investment infrastructure projects (SOC) implemented by a local government, since the defendant is to arrange for the smooth progress of the project, such as securing a site for the solar power generation business, and obtaining a large amount of money that reaches KRW 90 million in terms of the fee, and thus, it is likely that such act may be subject to criticism in light of the fact that the defendant's act is likely to have an adverse impact on the citizen's trust in relation to the fairness and uncertainty of private investment infrastructure projects implemented by the local government.

Moreover, the Defendant first demanded the F Company to KRW 100 million per 1MV on the side of the F Company, but thereafter, the lower court made a clear statement on this issue, such as setting the fee of KRW 50 million per 1MV through the coordination with the F Company.

(Public trial records 120 pages). The defendant actively demanded the amount of 100 million won per 1MV is denied, but the defendant made a statement to the effect that he would be able to reduce the fee first, and the fact that the defendant actively demanded the amount of money is recognized.

(Public Trial Records 125 pages). It shall be paid with the amount of money for consulting services to corporations.

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