beta
(영문) 서울중앙지방법원 2012.04.27 2011고합1396

특정범죄가중처벌등에관한법률위반(뇌물)

Text

Defendant

A Imprisonment with prison labor for seven years and for three years, respectively.

Defendant

A KRW 380 million from A.

Reasons

Criminal facts

1. Defendant A, who was in office as the Korea Broadcasting Commission from July 21, 2006 to February 28, 2008, took overall charge of the affairs of the Secretariat under the orders of the Chairperson of the Korea Broadcasting Commission, including “business of comprehensively managing the affairs of the Secretariat and of directing and supervising the employees of the Secretariat”, “business of granting or registering a program provider, granting approval, granting approval, cancelling approval, revoking approval, or suspending business,” “business of a program provider”, “business of deliberating on, evaluating, and imposing sanctions against broadcast program content content”, and

(Article 4, 14, and 16 of the Secretariat Regulations of the Korea Broadcasting Commission. The Korea Broadcasting Commission may issue a corrective order or an order to improve the facilities of a broadcasting channel user if the broadcasting channel user is deemed to significantly undermine viewers' interests or if the facilities of a broadcasting channel user do not meet the requirements (Article 99 of the Broadcasting Act). If a broadcasting channel user fails to comply with the above order, sanctions such as suspension of business or revocation of registration may be imposed (Article 18(3) and Article 99 of the Broadcasting Act, and attached Table 1 of the Enforcement Decree of the Broadcasting Act), and if a broadcasting channel user fails to comply with the program deliberation rules, sanctions such as apology against viewers, revision or suspension of the relevant broadcasting program, disciplinary action against the relevant person related to the broadcasting program (Article 100 of the Broadcasting Act), and the Defendant A, as the Korea Broadcasting Commission, has practically overall control over the above exercise of authority, has exercised influence over an external broadcasting channel user and a broadcasting channel user who supplies the program.

Defendant

B From January 2005 to December 201, 2010, B changed the name to “N of a stock company” on October 30, 2009, when it changed to “N of a stock company” regardless of whether it was before or after the mutual change; hereinafter “I”), “K” (hereinafter “K, regardless of whether it was before or after the mutual change); and “M,” “N of a stock company.”