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(영문) 울산지방법원 2012.09.28 2012고합252

특정범죄가중처벌등에관한법률위반(뇌물)등

Text

A defendant shall be punished by imprisonment with prison labor for nine years and a fine of one hundred million won.

If the defendant fails to pay the above fine, 140,000.

Reasons

Punishment of the crime

1. On January 24, 201, the Defendant was the director of the machinery team division of D Co., Ltd. (hereinafter “D”) E. Around the end of December 2010, the Defendant received KRW 50 million from H, the representative director of G Co., Ltd, who supplies sea water cooling pumps, etc. to the above power plant, an illegal solicitation that he received KRW 30 million from H, in total four times from the beginning of January 201, and received KRW 330 million from H and I’s representative in total, in response to the foregoing illegal solicitation as stated in the attached crime list.

2. A violation of the Aggravated Punishment, etc. of Specific Crimes (Bribery) received KRW 100 million from the Defendant’s request to the effect that: (a) around September 201, the said Defendant’s residence, (b) the indication of audit for entering into supply contracts by the said H on the road; and (c) convenience in entering into and proceeding with future supply contracts

Accordingly, the defendant received KRW 100 million in relation to the duties of officers and employees of market-type public corporations that are deemed public officials.

Summary of Evidence

1. A legal statement to the effect that “the defendant received a total of KRW 430 million from H and J”

1. Each prosecutor's protocol of examination of the accused;

1. Copies of the suspect examination protocol prepared by each prosecutor at the prosecution Nos. 2, 3 and 5 of H;

1. Each investigation report (as a result of tracking 350,00 won of K issuance, confirmation of monetary records, report on payment of checks in A account, and confirmation of 300,000 won of securities deposited in A’s future);

1. Application of Acts and subordinate statutes governing sales contracts on cashier's checks, copies of checks issued by financial institutions, inquiries into details of MMF account transactions around December 2, 201, copies of personnel records cards, copies of mechanical team organization, national bank account in the name of suspect, and apartment sales contract;

1. Criminal facts;