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(영문) 창원지방법원 2012.08.10 2010고단1588

뇌물공여 등

Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who operates C Co., Ltd. as the meat processing and sale business chain company.

Defendant

A around January 12, 2010, at the F Elementary School school principal in Changwon-si E, “A” was delivered to G, the principal of the above school, along with a request for the delivery of KRW 500,000,000 to G, who is the principal of the above school principal, along with a request for the delivery of KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(a) 30 times in cash, as described above, KRW 10.8 million and Schedule 1.0

B. A bribe was provided in relation to the duties of each public official on 16 occasions, as described in the note, in total of 12,400,000 won per set (1.6 million won per set) equivalent to a total of 12,40,000 won.

Summary of Evidence

1. Each legal statement of the witness H and I;

1. Each legal statement of witness G in the third protocol of trial, witness J, K, L and M in the fourth protocol of trial;

1. A protocol concerning the examination of suspect by a part of the prosecution against Defendant A;

1. or copies of each police examination protocol against N,O, P, G, J, Q, R, S, or K;

1. Each police statement or copy thereof made to T, U, V, W, X, H, H, Y, Z, AAB, AC, AD, AE, AF, AG, AH, AI, L, M, AJ, AK, AL, AM, N, AO, or AP;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a copy of an employment permit for seizure) and a report on investigation (mony unit price verification);

1. Article 133(1) and Article 129(1) of the Criminal Act, the applicable provision of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Defendant A’s defense counsel on the assertion of Defendant A’s defense counsel under Article 62-2 of the Social Service Order Criminal Act asserts that the money and valuables provided to the principal of the school and the head of the administrative office as stated in the criminal facts in the judgment of Defendant A are merely meal expenses or courtesy holiday gifts, etc., and thus, the principal’

However, bribery is a public official's duty.