beta
red_flag_2(영문) 울산지방법원 2012. 9. 7. 선고 2012고합266-1(분리) 판결

[특정범죄가중처벌등에관한법률위반(뇌물)][미간행]

Escopics

Defendant (Defendant 1 of the appellate trial judgment)

Prosecutor

Promotion (Public Prosecution) and Extraordinary (Public Trial)

Defense Counsel

Attorney Finally

Text

Defendant shall be punished by imprisonment with prison labor for a period of three years and six months and by a fine of fifty million won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

50 million won shall be additionally collected from the defendant.

Criminal Power

On March 30, 2012, the Defendant was sentenced to imprisonment with prison labor for 6 years and fines of 70 million won in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Bribery) in Busan District Court's branch branch branch court on March 30, 2012, and is currently pending in the appellate court due to Busan High Court

Criminal facts

The Defendant is the head of the machinery team at the second place of high nuclear power headquarters of the Republic of Korea (hereinafter “Korea Institute”) on January 24, 2011, which is the representative of Nonindicted Co. 52 (hereinafter “Nonindicted Co. 52”) who supplies and constructs hot and hot air conditioning in a nuclear power plant, etc., and Nonindicted Co. 53 is a hub 52 who received money and valuables from Nonindicted Co. 52.

The Defendant provided convenience to Nonindicted Co. 52 in order for Nonindicted Co. 52 to take part in the construction works of the construction works of Nonindicted Co. 52 to take part in the solicitation of Nonindicted Co. 52’s orders through Hanwon’s officers in response thereto in 2011.

In addition, on August 3, 2011, the Defendant received KRW 50 million from Nonindicted 51, who expressed his intention to provide money and goods in accordance with the invitation of Nonindicted 54 and Nonindicted 53, in front of the second power plant of the High Atomic Energy Headquarters located in the Young-gun, Busan, the head of the Sinan-gun, Busan, as well as from Nonindicted 51, who expressed his intention to provide money and goods.

Accordingly, the defendant received KRW 50 million in relation to the duties of officers and employees of market-type public corporations who are deemed public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of interrogation of the defendant, non-indicted 51, and non-indicted 54 and each prosecutor's protocol of interrogation of the non-indicted 53

1. Copy of each prosecutor’s statement made against Nonindicted 51 and 55

1. Each investigation report (a copy of construction contract entered into with a nuclear power plant through identifying persons suspected of brain acceptance, identifying the location of the base station of the Defendant, Nonindicted 51, and 55 mobile phones on August 3, 2011, and Nonindicted 53’s street expenses)

1. Inquiries about personal information of subscribers to mobile phone numbers and personnel records cards;

1. Previous convictions in judgment: Investigation report (Binding of the first instance judgment against the defendant), Busan District Court Decision 201Gohap224 dated 224, and search articles of the Supreme Court;

Application of Statutes

1. Article applicable to criminal facts;

Article 2(1)2 and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 129(1) of the Criminal Act, Article 53 of the Act on the Management of Public Institutions (Concurrent Imposition of Fines as Necessary)

1. Discretionary mitigation;

Articles 53, 55(1)3, and 55(1)6 of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Additional collection:

Article 134 (State 1) The latter part of the Criminal Code

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for a period of three years and six months from June to 15 years, and a fine of 50 million won to 125 million won;

2. Application of the sentencing criteria;

[Determination of Punishment] Acceptance of Bribes, 50 million won and less than 100 million won

[Special Mitigation] Voluntary Self-denunciation or Internal Corruption

【A person who is in general or has a high relevance to business

[General Mitigation] A quasi-public official under Article 4 of the Aggravated Punishment Act, a serious reflector, or no record of criminal punishment;

[Recommendation Area] Reduction Area

[Scope of Recommendation] Three years to Six years

3. Determination of sentence: Imprisonment for a term of three years and six months and a fine of fifty million won; and

The Defendant, who is in charge of the supply and inspection of a nuclear power plant, which is a national key facility, takes advantage of his position and receives a large amount of money of KRW 50 million from the supplier’s related party in cash, using his position, and thereby constitutes a serious crime. The Defendant is not obligated to commit a crime in itself. Even if the security of nuclear power generation is guaranteed technically, it would not be able to trust the safety of nuclear power generation if the operator of the nuclear power is decomposed, but rather, it would be clear that the security of nuclear power generation would not be ensured if the operator of the nuclear power is infeasible and technically. Furthermore, as the amount of the accepted acceptance received by the Defendant would inevitably lead to poor management and supervision of the subsequent supply and service, and ultimately, it would be necessary to strictly reprimand the Defendant with the nuclear power plant that is connected to the nuclear power plant.

However, the Defendant was sentenced to 6 years of imprisonment and 70 million won of fine on the ground that he received goods or bribe from many business persons related to the company, such as the previous record of his judgment, and was sentenced to 377,405 million won as stated in the previous record of his judgment. The crime of this case was also prosecuted and punished together with the above case, and the investigation of the Defendant was commenced and became difficult, but the investigation of the Defendant was conducted voluntarily, but it was committed in favor of the Defendant by filing an accusation of the corruption with the Hanwon's employees and suppliers, which he knows, and making sunshine in the liquidation of the relevant corruption in Hanwon. In addition, the punishment is determined as ordered in consideration of the Defendant's age, character, character and environment, circumstances, etc.

It is so decided as per Disposition for the above reasons.

Judges Sung-dae (Presiding Judge)

1) The Defendant returned KRW 20 million, among KRW 50 million received from Nonindicted 52’s representative director Nonindicted 51, to Nonindicted 55, who was an employee of Nonindicted 52, on the day. However, Nonindicted 55 introduced Nonindicted 51 to the Defendant and arranged the acceptance of the instant bribe, and the Defendant appears to have paid to Nonindicted 55 in return, and it does not seem to have returned the bribe received as it is, therefore, it is reasonable to additionally collect the total amount of KRW 50 million received by the Defendant.