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(영문) 창원지방법원 2016.07.07 2016고단1127

뇌물수수

Text

Defendant

A Imprisonment for two months and fines for 4,000,000 won, and Defendant B shall be punished by a fine for 4,000,000 won, respectively.

The Defendants are the defendants.

Reasons

Punishment of the crime

1. The Defendant was a public official belonging to the Busan Food and Drug Safety Agency from June 18, 1996 to December 31, 2015, who had served as a public official belonging to the Busan Food and Drug Safety Agency, located in the 11st century free peace.

On December 2, 2011, at a restaurant parking lot in which the trade name in the Nam-gu, Busan is unknown, the Defendant received a letter of permission for the provision of convenience, such as requesting for the provision of “import declaration of food, etc.,” from other companies managed by the Food and Drug Safety Agency B, a food and drug agent, and issued golf-backed 1 sheet and golf-gu room equivalent to KRW 2 million at the market price.

Accordingly, the defendant accepted a bribe in relation to his duties.

2. Defendant B offered a bribe to A who is a public official, such as the foregoing paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Copies of seizure records;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a credit card description, a list of receipts of credit cards, and an import declaration;

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(1) of the Criminal Act, and Article 129(1) of the Criminal Act;

1. Defendant A: Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: The first sentence of Article 134 of the Criminal Act;

1. Defendants of the provisional payment order: (a) although the reasons for sentencing under Article 334(1) of the Criminal Procedure Act do not seem to be against the Defendants’ crime; (b) the Defendants are divided in depth; (c) Defendant A did not have any previous conviction; and (d) Defendant A was sentenced to imprisonment with prison labor for the crime of giving and receiving bribe at a time similar to the instant crime; and (c) Defendant A is currently pending trial in the appellate court, taking into account the fact that the Defendants’ age, sex, family environment, motive and circumstance of the crime; and (d) the means and method of the crime.