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(영문) 서울중앙지방법원 2015.06.11 2014고합1511

특정범죄가중처벌등에관한법률위반(뇌물)

Text

Defendant shall be punished by imprisonment for one year and by a fine of 10,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is Sinsi tax secretary E, and served as Seoul Regional Tax Office F from February 20, 2012 to July 28, 2013.

From July 10, 2012 to October 7, 2012, the Defendant was in charge of the investigation as the head of the above FF team in the corporate tax non-regular investigation of G Co., Ltd. conducted from July 10, 2012.

around October 18, 2012, the Defendant was granted KRW 10 million in cash as compensation for the fact that he did not extend the investigation period from J’s representative director of G in Gangnam-gu Seoul to extend the investigation period, and that he did not expand the object and scope of the investigation.

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

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the witness J;

1. The prosecutor's statement to K;

1. Investigation report (Attachment to Defendant A personnel record cards, etc.);

1. The application of the J’s Gogles (Evidence Nos. 5), J, L transaction details (Evidence No. 30), one copy of the vehicle driving log (Evidence No. 39), one copy of the vehicle driving log (Evidence No. 39), and the application of statutes;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes and Article 129 (1) of the Criminal Act (Concurrent Imposition of Imprisonment and fines pursuant to Article 2 (2) of the Act on the Selection of Imprisonment and the Aggravated Punishment, etc

1. Article 53, Article 55(1)3, and Article 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1,

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

1. Article 62(1) and (2) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for sentencing following the suspended sentence);

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

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than two years and six months, and a fine not exceeding 10,000,000 won x 2 times x 1/2 times but not less than 25,000 won x 10,000,000 won x 5 times x 1/2 (Mitigation);

2. The scope of recommendations on the sentencing criteria [the determination of types] shall be limited to the amount of bribery of category 2, 10 million won or more, and 30 million won.