(b) Offering of bribe;

2. B

Law Firm E, Attorney F (Defendant B)

Where a defendant A fails to pay the above fine, the above defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

Provided, That with respect to Defendant B, the execution of the above punishment shall be suspended for two years.

40,900,000 won shall be additionally collected from Defendant A.

A shall be ordered to pay an amount equivalent to the above fine and the additional collection charge to Defendant A.

Defendant A is a former police officer who served in the National Police Agency G from February 1, 2011 to January 26, 2015 and served in the Seoul Special Police Agency I from February 2, 201, when serving in the National Police Agency G. Defendant B is a former police officer who served in the Seoul Special Police Agency I from February 2, 201 to February 2, 201, and Defendant B is the representative of the Dispute Resolution Co., Ltd. which is a company installing

The Defendant was issued KRW 40,900,000 in total five times from around October 28, 2013 to September 21, 2014, as shown in the list of crimes in attached Form 2, in the K business ordering year 2014, to purchase the J products with the representative of B by means of a negotiated contract, and received KRW 900,000 from B on October 28, 2013.

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

2. Defendant B

The Defendant granted A a total of KRW 40,900,000 on the above date and time by the above method.

Accordingly, the defendant given a bribe in relation to the public official's duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning L;

1. A report on analysis of bribery cases;

1. Contract guidance, etc. submitted by the suspect, plans for purchasing security measuring equipment, specifications, each M M construction plan, construction drawings, etc., M proposals, specifications, respective requests for proposals, project execution plans, technical proposals, three contracts, two cases, and details of proposals;

1. Report on internal investigation (report on the duties-related duties-related duties-related duties-related duties and the hearing hearing report of the Seoul Office), each investigation report (report on the submission of suspect B, the mail that B sent to A, the mail that B sent to A, the M Council discrimination proposal, the hearing report on L phone statement in the third person, the confirmation of M1-3 bidding results, the hearing report on the persons related to M-related enterprises);

Application of Statutes

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

(a) Defendant A: Article 2(1)3 and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 129(1) of the Criminal Act (Joint Imposition of Fines and Fines)

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

1. Discretionary mitigation;

Defendant A: 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. Invitation of a workhouse;

Defendant A: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant B: Article 62(1) of the Criminal Act (General Considerations favorable to the reasons for sentencing below)

1. Additional collection:

Defendant A: the latter part of Article 134 of the Criminal Act

1. Order of provisional payment;

Defendant A: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Defendant A

(a) Scope of applicable sentences under law: Imprisonment for two years and six months from June to 15 years, and fine of 40.9 million won to 120 million won; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Bribery, Acceptance of Bribery, Type 3 (not less than 30 million won but less than 50 million won)

[Special Aggravationd Persons] Aggravationd : positive requirements

[Scope of Recommendation] Four to Six years of imprisonment (Aggravated Field)

(c) Determination of sentence;

The crime of this case is inevitable for a considerable period of time in that the Defendant, who is the N officer of the National Police Agency, demanded money in return for assisting in the selection of the product and received a large amount of money exceeding 40 million won on five occasions. As a result, it is inevitable to punish him/her for a considerable period of time in that the fairness of the National Police Agency’

However, considering the fact that the Defendant appears to have had the intent to return money received as a bribe, such as preparing a authentic deed of promissory notes to B, the fact that there is no criminal history and all of the crimes are recognized and reflected, etc., the Defendant’s age, character and conduct and environment, motive and consequence of the crime, and the circumstances revealed in the arguments, such as the circumstance after the crime, etc., is determined as the order to reduce the scope of recommendations in accordance with the standards for both types of punishment.

2. Defendant B

(a) Scope of recommendations based on the sentencing criteria;

[Determination of Type] Bribery, Bribery, and Type 2 (not less than three million won but less than 50 million won)

[Special Contributors] Reduction element: A case where the receiver complies with the affirmative demand of the receiver.

[Scope of Recommendation] Imprisonment from 6 months to 1 year (Reduction Area)

(b) Determination of sentence;

The crime of this case does not mean that the defendant, who operates the Do government-related equipment company, has paid money exceeding KRW 40 million to police officers in return for the defendant's assistance in the selection of his product from the business ordered by the National Police Agency.

However, considering the following circumstances: (a) the active demand of A leads to a crime; (b) there is no record of crime; and (c) there is no record of crime; and (d) the fact that a mistake is recognized and reflected; and (c) other circumstances shown in the records and arguments, such as the defendant's age, character, conduct and environment; (b) motive and consequence of the crime; and (c) the punishment is determined as ordered within the scope of recommended punishment according to

Judges Sung Jae-in

Judges' Index