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(영문) 서울중앙지방법원 2017.03.16 2016고합1339

특정범죄가중처벌등에관한법률위반(뇌물)

Text

Defendant

A Imprisonment with prison labor for three years and fines for 45,000,000 won, and Defendant B shall be punished by imprisonment for eight months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A serving in the National Police Agency G, while serving in the National Police Agency, shall perform H duties from February 1, 201 to January 26, 2015, and the same year upon receipt of an order issued by the Seoul Local Police Agency.

2. A former police officer who had worked in Seoul Local Police Agency I from around February, 200, and Defendant B is the representative of the dispute resolution council, who is a company installing and maintaining equipment related to Do administration.

1. Defendant A received KRW 40,90,000,000 in total over five times from around the time of receiving KRW 900,000 from B on October 28, 2013, by demanding that he/she purchase the K business that was ordered in 2014 as a representative of B under a contract with the number of K companies, and received the transfer of KRW 90,000 from B on October 28, 2013, as shown in the list of crimes in attached Table from around September 21, 2014.

Accordingly, the defendant accepted a bribe in relation to his duties.

2. Defendant B delivered the sum of KRW 40,900,000 to A in the above manner on the above date and time.

Accordingly, the defendant accepted a bribe in relation to the public official's duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with respect to L;

1. A report on analysis of bribery cases;

1. A guide for the conclusion of a contract to be submitted by the party, a security measuring device purchase plan, specifications, each M M construction plan, construction drawings, etc., M proposal, specifications, each request for proposal, each project execution plan, three cases, two cases, and details of transactions;

1. Application of Acts and subordinate statutes to report internal investigation (the duties related to the suspect A and the statement of the fact of hearing at Seoul office), each investigation report (the suspect B, the mail submitted by the suspect B, the mail sent by the suspect B, the records sent by the person B, the differences in the proposal for MM discrimination, the hearing report by the third person, the confirmation of the results of M1-3 bidding, the hearing of statements by the persons related to M-related enterprises);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(1)3 and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 129(1) of the Criminal Act (in all cases, a fine is concurrently imposed)

B. Defendant B: Articles 133(1) and 129 of the Criminal Act.