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(영문) 대전지방법원 홍성지원 2015.03.18 2015고단20

뇌물수수

Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, from January 25, 2012 to July 24, 2014, served as a public official in charge of the construction disaster prevention and its affiliated C, and is a public official in charge of ordering and managing D flood damage restoration works, and E is the representative director of the Fund in charge of the dispute resolution.

On January 1, 2013, the Defendant: (a) prepared a written reason for the request to conclude a free contract to purchase the pumps of the KNF with respect to the construction works of the pump in the flood disaster restoration works; and (b) submitted it to the GNG through finance division; and (c) on February 13, 2013, the Gohap-gun ordered construction works of the above pumps to the KNF by private contract for the construction cost of KRW 1.62 billion.

In addition, around May 28, 2013, the Defendant received KRW 20 million in cash, which was offered in the meaning of a solicitation for giving convenience to E during the process of giving rewards for orders for the said construction work and the supply and installation of the said pumps in the future, from H entertainment tavern located on the first floor of G underground in Ansan-si, the Defendant received at least KRW 20 million.

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

Summary of Evidence

1. Defendant's legal statement;

1. 5th protocol of interrogation of E by the police;

1. Personnel records cards of public officials;

1. Application of an investigation report (referring to official notices, etc. related to the selection and review of drainage pumps, which are equipment and materials related to the works for the restoration of seawater from the United States Armed Forces), an investigation report (limited to official notices related to works for the restoration of seawater);

1. Relevant Article of the Criminal Act concerning the facts constituting an offense and Article 129 (1) of the Criminal Act selecting a penalty;

1. Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 129 (1) of the Criminal Act, concurrently with a fine;

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Grounds for sentencing under the latter part of Article 134 of the Criminal Act; and

1. Application of the sentencing guidelines to imprisonment [decision of type] Bribery, acceptance of bribe, and Type 2 (not less than 10 million won but less than 30 million won) (Special Sentencing) (the scope of recommendation field and recommendation range] of the person concerned.