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(영문) 광주지방법원 순천지원 2016.08.31 2016고단829

뇌물수수

Text

Defendant

A The defendant shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a local administrative assistant (administrative class 7) of the E team of the Mayang-si Promotion Team by July 20, 2005, appointed as a local administrative assistant of the Gu on February 10, 2015, and is a public official in charge of the review and approval upon application for the establishment, extension, etc. of a factory within the jurisdiction of the region, and Defendant B is a G representative director, a corporation located in the Mayang-si F.

1. On September 19, 2015, Defendant A received a request from the above B to the effect that he was aware of a tort that sells goods different from the type of business actually registered in G, and that he did not take measures to revoke the registration of the factory and to file a complaint against the company, and received a cash payment of five million won under the pretext of the honorarium.

Accordingly, the defendant accepted a bribe in relation to the public official's duties.

2. Defendant B made the above solicitation at the same time and place, and granted KRW 5 million in cash under the pretext of the honorarium.

Accordingly, the defendant accepted a bribe in relation to the public official's duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to J or K;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to each investigation report (verification of the standard statement of profit and loss, submission of explanatory materials on violations of the Industrial Cluster Act (G), hearing procedures for cancellation of the registration of G factory, attachment of an accusation, etc.);

1. Relevant Article 129(1) of the Criminal Act, Defendant A who choose a sentence for the crime, Defendant B who choose a sentence for imprisonment: Articles 133(1) and 129 of the Criminal Act, and the choice of fines;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Confiscation Defendant B: Article 134 of the Criminal Act;

1. Defendant B: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A [typed]’s sentencing is favorable to Defendant A [Determination in the sphere of recommendation]’s basic field [the scope of recommendation] / [the scope of recommendation ] 4 months to 1 year sentencing (the Defendants).