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(영문) 대전지방법원 2019.09.25 2019고단1442

뇌물수수

Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final.

Reasons

Punishment of the crime

Defendant

A is a public official of Grade VI belonging to the Jung-gu Office in Daejeon Metropolitan City from February 16, 2015 to December 16, 2015, while serving in the Jung-gu Office in Daejeon Metropolitan City from January 2017 to December 2, 2017, in charge of the formulation of plans, review, installation, management, and supervision of the 4th E installation projects in D. Defendant B is a sculpture in which he produced and installed E in the 4th E installation projects, and the Defendants are known through the 1 E installation projects implemented around February 203.

1. On May 10, 2017, Defendant A received one rocketing car (F) worth KRW 4,500,000 in relation to his duties and accepted a bribe, knowing that Defendant A provided convenience to Defendant A’s 4,500,000 of the market price, with respect to his duties, such as the receipt of a design for the sculpture of the 4 E Additional Installation Project, and the examination, installation, etc. of sculptures.

2. Defendant B issued a bribe to A in charge of review, installation management, and supervision as described in the foregoing paragraph (1) with regard to its duties to the purport that convenience for the overall process, such as the receipt of design of the sculptures in the fourth additional installation project, and the examination and installation of sculptures, etc., at the time, place, and the fourth additional installation project.

Summary of Evidence

1. Defendants’ partial statement

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. Field surveys and vehicle specific reports;

1. Application of the register of automobiles statutes

1. Article 129(1) of the Criminal Act; Article 129(1) of the Criminal Act; Articles 133(1) and 129(1) of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Article 134 of the Criminal Act;

1. Defendant B of the provisional payment order: The amount received by the Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is relatively small, and the act is terminated once.