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(영문) 서울중앙지방법원 2013.05.22 2013고합165

공무상비밀누설

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, by imprisonment with prison labor for one year, by fine for ten million won, and by imprisonment with prison labor for eight months.

Reasons

Punishment of the crime

1. Defendant A

A. On September 20, 201, the Defendant, as a public prosecutor of the Supreme Prosecutors’ Office, was dispatched to the Savings Bank Joint Investigation Group (hereinafter “Joint Means”), participated in the investigation of the case (hereinafter “O Savings Bank’s corruption investigation”) such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) against the president of the O Savings Bank P and the former Q, etc. Around September 22, 2011, the Defendant disclosed confidential information under statutes by informing S of the search and seizure policies on the office of the O Savings Bank, etc. scheduled on September 22, 2011, according to the distribution of Seocho-gu Seoul Seocho-gu, Seoul Central District Public Prosecutor’s Office’s distribution of the O Savings Bank’s cell phone for 158 seconds and 48 seconds.

B. On November 201, 201, the Defendant, at the seat of the above joint means of transportation, revealed the investigation status of “whether Q Q has taken place an investigation of borrowed loan received in the name of Q Q’s,” using a mobile phone (T) opened by the Defendant in the name of another person,” thereby divulging confidential information in the course of performing his/her duties pursuant to the statutes.

2. Defendant B

A. On October 25, 201, the Defendant, a public prosecutor of the prosecution, participated in the investigation into the size of illegal funds and the source of use (hereinafter “illegal funds”), organized in the joint means and created by P and Q. On November 30, 201, the Defendant received five million won in cash from S at the restaurant located in Seocho-gu Seoul Seocho-gu Seoul, Seocho-gu, with the Defendant’s request to the effect that “it provides convenience, such as informing S of the investigation status related to the O Savings Bank and investigating the persons related to P and Q, and making a kind-friendly investigation into the persons related to P and Q,” along with the Defendant’s request to the effect that “the convenience is changed,” and the Defendant received five million won in cash at the new bank account in the name of U (V) in the name of the Defendant’s second account at the new bank located in the Seocho-dong 1705, Seocho-dong, Seocho-gu, Seoul.