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(영문) 서울고등법원 2013.07.25 2013노402
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

[Defendant A] The lower judgment is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

4575 million won from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Regarding the violation of the Political Funds Act that in collusion with B on October 2007, Defendant A1 and received KRW 300 million from S, Defendant did not have received any offer of money or goods under the name of political funds through B or Y, and Defendant did not have received any offer of money or goods under the name of political funds from S in that city, Y in that city, Y in that city, Y did not have any memory, and issued orders to deliver money or goods from S to S to S, the lower court convicted Defendant 1 of this part of the charges by mistake of facts and misapprehension of legal principles.

In addition, the lower court did not deliberate and decide on whether the above KRW 300 million was delivered to N, and thereby, erred by misapprehending the legal doctrine, thereby additionally collecting the above KRW 300 million from the Defendant.

B) Regarding the violation of the Political Funds Act that received KRW 300 million from T in December 2, 2007 from T in relation to the violation of the Political Funds Act that the Defendant received KRW 300,000 from T in Q hotel or GA or guest room around November 2007, the Defendant did not know that there was a violation of the Political Funds Act that the Defendant received KRW 157,500,000 from U due to mistake of facts and misapprehension of legal principles, even though there was no fact that there was no receipt of KRW 300,000 from T in the ice room of Qu hotel or Qu hotel or the guest room as political funds, the lower court found the Defendant guilty of this part of the facts charged, in relation to the violation of the Political Funds Act that the Defendant received KRW 157,500,000 from U.S. as a member’s expense, and U.S. paid advisory funds to the Defendant, who is an adviser through normal accounting management and internal reporting procedures, and did not contribute the above money as political funds.

2) The lower court’s sentence imposed on the Defendant of unreasonable sentencing (two years of imprisonment, seven hundred and fifty-five million won of penalty) is too excessive.

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