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(영문) 서울북부지방법원 2010.10.01 2009고합363

특정범죄가중처벌등에관한법률위반(뇌물)

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

B, in May 2006, the Ministry of Tax Affairs, Defendant C, Defendant D, the Daejeon Regional Tax Office, and Defendant E, respectively, were in charge of the tax investigation of the State (hereinafter referred to as “Z”) while serving together in the Daejeon Regional Tax Office in the Daejeon Regional Tax Office.

Defendant

G is a certified public accountant belonging to the AA Accounting Corporation, the auditor of the Z, and the defendant AB of the former Daejeon Regional Tax Office was delegated by the introduction of the defendant G as a representative accountant of the AC Tax Accounting Corporation before the head of the former Daejeon Regional Tax Office. The defendant F served as a tax consultant in the AC Tax Accounting Corporation at the time, while performing the duties related to the Z's tax investigation.

1. On May 2006, Defendant A received a tax investigation from Defendant G, the vessel owner of an elementary school, from Daejeon Regional Tax Office, and requested that the amount of tax be imposed less than that of the Daejeon Regional Tax Office.

Defendant

A consented to the request and then around July 2006, A received KRW 100 million in cash from Defendant G to Defendant F at the road adjoining to the AD building in Seongbuk-gu Seoul Metropolitan City, Jung-gu, Seoul, and around July 2006, granted KRW 100 million in cash to Defendant F for the purpose of giving a bribe to the employees of the Daejeon Regional Tax Office for the purpose of giving a bribe to the public official’s duties.

2. Defendant F received KRW 100,000 from Defendant A at the Seoul Jung-gu AE parking lot around July 2006, as described in the above Paragraph 1, and Defendant F received KRW 100,000,000 from Defendant A while being aware that Defendant A was a bribe to a public official.

Summary of Evidence

1. Each legal statement of the defendant F, G, and A;

1. Application of the Acts and subordinate statutes on September 11, 2009 of the preparation of prosecution clerks to record the results of the account tracking;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;