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(영문) 서울서부지방법원 2018.04.04 2017고단1652

뇌물수수

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to 12 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

B A cooperative (hereinafter referred to as "cooperative") is a corporation established on July 16, 2008 for the purpose of improving the urban and residential environment and improving the housing stability and quality of residential life of its members by removing buildings, such as housing, on the scale of 405,465 square meters in the Dong-gu Busan Metropolitan City C 405,465 square meters, and constructing apartment houses, etc. of a total of 5,852 households.

The Defendant is a person who, around October 2013, is selected as the president of the above partnership (the date of registration as the president of the partnership on May 10, 2015) and has been employed as the president of the partnership until now, performs overall affairs concerning the conclusion, etc. of service contracts ordered by the partnership, and is deemed a public official in the application of bribery in accordance with the Urban and Residential Environment Rearrangement Act.

On July 2016, the Defendant was requested by the managing director E of D, a company specializing in removal, to arrange for the removal work ordered by the partnership. On September 9, 2016, the Defendant received the Defendant’s entertainment amounting to KRW 475,000 from the G entertainment station located in Busan Shipping Daegu around September 9, 2016 to KRW 475,00 for the total amount of KRW 1,90,000 for the amount of KRW 475,00 which the Defendant received from E.

The amount of entertainment received by the Defendant is equivalent to KRW 600,000,000 in the amount of entertainment received by the Defendant, which is equivalent to KRW 2,400,000,00 in the amount of 600,000,000, from the I entertainment shop located in Busan Shipping Daegu H around October 7, 2016, from the I entertainment shop located in Busan Shipping Daegu H.

On December 1, 2016, the amount of entertainment accepted by the defendant is 50,000 won in cash, and the amount of entertainment received by the defendant is equivalent to 50,000 won in the amount of 2,20,000 won in the amount of entertainment received by four persons equivalent to 550,000 won from E at the J Entertainment located in Busan Shipping Daegu.

At the time of giving and receiving entertainment, 2 million won in cash was each given.

Accordingly, the defendant accepted a bribe equivalent to 11,625,00 won in relation to the defendant's duties as the chief of the above partnership who is deemed a public official.

Summary of Evidence

1. Legal statement of witness E;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement made by the Prosecutor to K 1.