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(영문) 서울중앙지방법원 2017.08.30 2017고단4051

제3자뇌물취득

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 17, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of five million won in violation of the Defense Act at the Seoul Central District Court on August 17, 2016, and the judgment became final and conclusive on November 19, 2016.

C around April 28, 2014, D, a female sexual traffic, employed by C, tried to engage in sexual traffic, and was investigated by the Seoul Gangnam Police Station around August 22, 2014 as suspected of engaging in sexual traffic brokerage at the wind, which is discovered by the reporting of the person who pretended to be male customers by the police.

On August 27, 2014, at around 22:00, the Defendant received KRW 4 million in cash from C to the effect that, in relation to the instant case, the Defendant transferred money and valuables to a police officer he knows in relation to the instant case, and the police officer solicited the police officer in charge of the instant case to gather punishment.

As a result, the Defendant received money and valuables from C for the purpose of accepting a bribe in relation to the duties of public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or C by the prosecution;

1. Report on investigation (C's decision); and

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment of judgment);

1. Relevant Article 133 of the Criminal Act and Articles 133 (2) and (1) and 129 (1) of the Criminal Act (Selection of penalty) concerning the crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The latter part of Article 134 of the Criminal Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act, which became final and conclusive, could have been tried together with a violation of the law by an attorney-at-law, etc. as stated in the judgment of the reason for sentencing of the sentencing of the above Article 334(1) of the Criminal Procedure Act, reflects the following factors, including the character and conduct of the defendant, the environment, the motive and circumstance of the crime, the means and result of the crime