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(영문) 수원지방법원 2016.09.07 2016고정217

특정범죄가중처벌등에관한법률위반(알선수재)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who was living in Gyeonggi-do from around 1981 to around 1992 as an individual assistant officer of National Assembly member D while living in Gyeonggi-do from around 1981 to around 1992, and was working as an honorary member of the Investigation Committee in Gyeonggi-do from around 1985 to around 1995 and was holding a beer with public officials in Gyeonggi-do.

Around September 2008, the Defendant proposed to the effect that “The Defendant, at the office of the H(H) of the business entity installing and selling air-conditioners operated by G in F in Gyeonggi-si, he worked in the National Assembly and live in the House for a long time in the National Assembly, and changed the operating expenses to be paid to the audience, and to be paid for viewing or receiving school air-conditions construction,” and received KRW 23,344,500 from the said G in total from October 2008 to December 2009, as indicated in the annexed list of crimes.

Accordingly, the Defendant received money and valuables to arrange matters belonging to public officials' duties such as viewing public officials or teachers and staff of national and public schools.

Summary of Evidence

1. Partial recording of witness G in the fourth trial record;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning G;

1. Each police statement made to J and G;

1. One copy of investigation report (the details of H deposits made by suspects A) and one copy of deposits made in addition to each of the above transactions; and

1. A copy of a investigation report (Attachment to the installation details of H’s air conditioners) and the installation details of air conditioners from September 2008 to December 2, 2009 by the H’s submission of Samsung electronic products;

1. Application of Acts and subordinate statutes of one copy of a investigation report (related to the adjustment of prices for referral and taking over of a suspect A and attachment of sight table), and details of collection of referral and taking over of money to a suspect A;

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, covering the corresponding legal provisions and the choice of punishment for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 13 of the Act on the Aggravated Punishment, etc. of Specific Crimes: