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(영문) 대구지방법원 2015.01.29 2014고단6519

뇌물수수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

20 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, a public corporation in the Act on the Management of Public Institutions (hereinafter referred to as “C”), is a Grade 1 employee of the public corporation in civil engineering affairs of the C Corporation (hereinafter referred to as “C”), who has served as the housing welfare department E. From January 2008 to January 2009, the Defendant is a person in charge of the work as the head of the F Headquarters G team (the head of the department), who works as the deputy head of H, working as the head of the relevant field director.

1. On July 2008, the Defendant received money from J, and accepted a bribe in relation to the duties of public corporation employees deemed public officials by receiving KRW 15 million in cash, to the effect that “The case of increase in the construction cost through design change and the convenience of the remaining construction work is changed even in the process of design change,” from the M&D director of the construction execution business chain, in front of L apartment, which is the Defendant’s residence located in Daejeon Sung-gu, Daejeon.

2. Around September 2008, the Defendant received money and valuables from H, and accepted a bribe in relation to the duties of public corporation employees deemed public officials by receiving KRW 8 million in cash, to the effect that, within the Defendant’s car parked in the said G Team’s parking lot located in Sejong Special Self-Governing City N, the Defendant actively accepted proposals from the scene managed by the government, such as design changes related to the construction of a base return, etc., and that, as soon as he/she approves the proposal, he/she shall promptly approve the proposal. The Director accepted the proposal for sex, and then accepted the bribe in relation to the duties of public corporation employees deemed public officials by receiving KRW 8 million in cash.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against J and H;

1. Application of Acts and subordinate statutes to the outline of I Formation Project, the F director and personnel appointment, organization, work allocation table, employee protocol;

1. Article 129(1) of the Criminal Act applicable to the facts constituting an offense, Article 53 of the Act on the Management of Public Institutions;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 134 of the Criminal Act.