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(영문) 춘천지방법원 강릉지원 2015.12.24 2015고합81

뇌물공여의사표시

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From 2006 to 2006, the Defendant is a person who conducts construction business related to information and communications in the name of C as a stock company D.

Since 2012, the Defendant entered into a contract for the supply, maintenance, and repair of E viewing and 59 servers and supplied servers. Among them, from February 15, 2013, F, a public official, who served as an E Si Information and Communications and Computer System and was in charge of the management (purchase and distribution) of administrative equipment, etc., was in the position of a manager in relation to the Defendant’s business of the supply and maintenance of the server. As such, F, who had been in charge of the management (purchase and distribution) from February 15, 2013, was willing F, to the effect that convenience is given in the process of the server inspection or the maintenance and repair business.

On September 2014, the Defendant asked F to the effect that he would be given the above business convenience at the above D office, and tried to deliver two golf bonds worth KRW 2,200,000,000 in total at the “H” golf equipment store located in G in the original city.

Accordingly, the defendant expressed his intention to offer a bribe in relation to the public official's duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Allocation of administrative information duties and personnel record cards of public officials;

1. H account books, materials purchase account books, certificates of performance records of information and communications construction, certificates of receipt of information and communications construction works, the list of new and maintenance contract concluded, details of card settlement, and

1. Application of Acts and subordinate statutes to investigation reports (a confirmation of the official title to attend the original week seminars and attaching them), and related official text attached thereto, investigation reports (a document related to construction works handled by F as the leader in charge), and the application of such Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 133 (1) and 129 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service criminal law.