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(영문) 창원지방법원 마산지원 2017.08.18 2017고합14

특정범죄가중처벌등에관한법률위반(뇌물)방조등

Text

Defendant

A Imprisonment of 2 years and 6 months, 3 years of imprisonment for Defendant B, and 10 years of imprisonment for Defendant C and 300 million won.

Reasons

Punishment of the crime

Defendant

C A public official who served as a public official belonging to the Ministry of Agriculture and Forestry from April 20, 2012 to May 20, 2016, and was in charge of the duties related to the selection of a N business operator conducted by the Ministry of Agriculture and Forestry and the Livestock Industry Department. Defendant B is a person who operates the P Co., Ltd. (hereinafter referred to as “P”) of an agricultural company selected as a business operator of an O building project implemented by the Ministry of Agriculture and Forestry and the Livestock Industry Department, and Defendant A is a person who served as a director of the above P.

Defendant

B The defendant C, who became aware through the defendant A, made a solicitation to the effect that the defendant C will be given convenience in the process of being selected as a business operator of the above O's establishment project and in the process of carrying out the project, and then receive Q andR projects, etc. from the agriculture and forestry food, and the defendant C accepted it.

1. Offering of a bribe to Defendant B

A. On September 5, 2015, the Defendant came to know that he would be designated as a business entity of the establishment of the above O in Sung-gu, Sungwon-si, Sungwon-si (hereinafter “T”), and transferred KRW 70 million (70 million) and KRW 30 million (30 million) to a personal compromise account in the name of A according to a prior promise made with C to deliver a bribe in accordance with the above solicitation. < Amended by Presidential Decree No. 26190, Sep. 7, 2015; Presidential Decree No. 26748, Sep. 7, 2015>

As a result, the defendant, who is a public official, committed a bribe of KRW 100 million.

B. On December 12, 2015, the Defendant delivered USD 5,000 ($ 5,924,400) to C according to the above solicitation and delivered money, valuables, and entertainments worth KRW 25,806,60 in total on 11 occasions from that time to April 2016, as shown in the list of crimes in attached Form (1).

As a result, the Defendant offered a bribe equivalent to 25,806,600 won in total with respect to the duties of public officials C.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and acceptance of bribe against Defendant C

A. The Defendant around August 11, 2015.