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(영문) 창원지방법원 2016.07.14 2016고정452

뇌물공여

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 7, 2011, the Defendant: (a) obtained the authorization of the establishment of a mutual legal entity of “J,” an incorporated association,” and operated on December 7, 201, and failed to meet the qualification requirements, such as the personnel and facilities of legal entities for the disabled projects; and (b) was unable to receive subsidies related to the disabled projects from the Chang-si; (c) sought the welfare department for the disabled at Chang-si.

It has been asked to receive the subsidy to the watchkeeping staff, etc.

On May 4, 2012, the defendant found the office of the Director General of the K Office of Changwon, located in 151 as the center of the window of Changwon-si, Changwon-si, around 09:30 on May 4, 2012.

L Director-General made a statement to the effect that he will submit documents related to the disabled project and delivered 3,00,000 won in cash in a white bag under the pretext of a solicitation for subsidy support.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and M;

1. Lritten statements;

1. Data requested for cooperation in investigation (L's maternity date and time) and replies;

1. Application of Acts and subordinate statutes to a complaint (including photographs of bags containing cash granted by the defendant (321 pages of evidence records) among attached materials);

1. Relevant Article 133 of the Criminal Act concerning facts constituting an offense, Article 133 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The latter part of Article 134 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;