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(영문) 수원지방법원 2018.02.09 2017고합779

뇌물수수

Text

[Defendant A] Imprisonment with prison labor for 8 months and fine for 25,000,000 won

Defendant

A does not pay the above fine.

Reasons

Criminal facts

Defendant

A is a person working as a public official in the local environment of Gyeonggi-do from July 2013 to January 2015, who has been working as a public official in the local environment of Gyeonggi-do from June 2017, such as in charge of granting permission to a business discharging atmosphere and wastewater, on-site verification, and in charge of granting permission related to the wastewater treatment business, and Defendant B is a person who operates a corporation I who is engaged in environmental consulting, installation of environmental pollution prevention facilities, and environmental management agency business from July 2002 to Ansan-si in Gyeonggi-do.

1. On May 5, 2014, the Defendant: (a) opened a mountain pet vehicle (K) in the name of the company I (K) in the name of the company I managed by the company I from the company I at the office of the company I located in the Dong-gu Seoul Special Metropolitan City, Seosan-si; and (b) used the said vehicle free of charge from March 5, 2017 to March 5, 2017.

Accordingly, the Defendant received a bribe equivalent to the sum of KRW 24,140,000 (one-month siren cost 710,000 of the above vehicle x 34 months) from B in connection with his duties.

2. Defendant B offered a bribe equivalent to KRW 24,140,000 in total with respect to the duties of public official A as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written petition (request for an investigation by a non-public official);

1. A report on investigation (the current status of I-owned vehicles);

1. Application of Acts and subordinate statutes to a vehicle siren estimate and the current status of the use of corporation vehicles;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Article 129(1) of the Criminal Act of Defendant A (a blanket imprisonment with prison labor and a fine is concurrently imposed pursuant to Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes)

B. Defendant B: Articles 133(1) and 129(1) of the Criminal Act (generally, selection of fines)

1. Defendant A to be mitigated: Articles 53 and 55 (1) 3 and 6 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62(1) and (2) of the Criminal Act (see, e.g., for the following reasons).