특정범죄가중처벌등에관한법률위반(알선수재)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The defendant served as a public official of C in approximately 20 years and retired from office on April 2006, and thereafter elected as C military personnel and served as C military personnel from July 2006.
From November 26, 2008 to July 6, 2010, the Defendant served as the chairperson of the General Affairs Committee in charge of matters concerning the jurisdiction of the C-Gun Public Health Center, and currently is a member of the Administrative Welfare Committee (Gu General Affairs Committee).
On February 27, 2009, the Defendant received cash KRW 10 million from a public official in charge upon receiving a request from a public official in charge to select a person eligible for education on duties of public health clinic recruited by C from D at a coffee shop where it is impossible to know the trade name near the bus terminal located in the top-dong at Sinpo-si.
As a result, the defendant received money and valuables on the intermediation of matters belonging to public officials' duties.
Summary of Evidence
1. Court statement of the defendant (which is made on the fifth trial date);
1. Witnesses D and E's respective legal statements;
1. Each prosecutor's protocol of examination of the accused;
1. Each prosecutor's statement concerning D and E;
1. Application of Acts and subordinate statutes to investigation reports (report on the result of execution of a warrant of seizure), investigation reports (report on the monetary content with F);
1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the elective Punishment, etc. thereof.
1. Article 62 (1) of the Criminal Act;
1. Article 13 of the Act on the Aggravated Punishment, etc. of Specific Crimes;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant's recognition of the crime of this case at latest, and return the amount of KRW 10 million to D before the investigation is commenced, and there are circumstances under which the suspension of execution of imprisonment with prison labor is deprived of parliamentary positions and it is impossible to leave the local election in the future.
However, the defendant, as a member of the Council on the basis of re-reliance, received cash in order to arrange matters belonging to a public official under his jurisdiction, and the amount of which is 10 million won.