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(영문) 광주지방법원 2011.02.22 2010고합575

특정범죄가중처벌등에관한법률위반(뇌물)

Text

Defendant

A Imprisonment with prison labor for a period of two years and six months and fines for a fine of 60,000,000 (land only), and Defendant B shall be punished by imprisonment for a period of eight months.

Reasons

Punishment of the crime

Defendant

A, while serving as the Gun of the Gun of the Gun of the Gun from January 2009, he performed the duties of overall administration of the Gun of the Gun of the Gun of the Gun of the Gun, and performed the duties of overall administration of the Gun of the Gun of the Gun of the Gun by assisting the Gun of the Gun, such as the establishment of comprehensive development plan

1. Around September 7, 2009, Defendant A agreed to pay on behalf of the Defendant the amount of KRW 30 million,00,000,000, the principal and interest of apartment mortgage loans of KRW 22,20,000,000, out of the purchase price of KRW 360,000,000, to be purchased by the Defendant, when there is a construction project ordered by the Maritime Affairs Office in the Maritime Affairs Office located in the Maritime Affairs Office in the Maritime Affairs and Fisheries Office in the Maritime Affairs and the Maritime Affairs Office in the Maritime Affairs and Fisheries, which is located in the Maritime Affairs and Fisheries, from the construction project operator B.

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

2. The Defendant agreed to pay the above KRW 30 million on behalf of A with the request for delivery of various conveniences when the construction work is ordered to the above A at the time, time, and place as referred to in Paragraph 1, and promised to offer the bribe to the public official.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the witness B;

1. Each prosecutor's interrogation protocol concerning B;

1. The prosecutor's statement concerning H;

1. Each investigation report (report on the execution details of the search and seizure warrant, attached to the apartment contract in the name of the children, and a certified copy of the register, and attached to the documents related to the sale of real estate);

1. Application of Acts and subordinate statutes to an agreement, documents related to apartment mortgage loan, note paper, analysis of data related to real estate, J supply contract, certified copy of real estate register, real estate sales contract, and supply contract;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(1)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 129(1) of the Criminal Act: Provided, That the punishment shall be imposed.