특정범죄가중처벌등에관한법률위반(뇌물)등
Defendant shall be punished by imprisonment for a period of two years and six months and by a fine of forty-five thousand won.
The defendant does not pay the above fine.
Punishment of the crime
The Defendant, from January 15, 2016 to January 11, 2018, was in charge of the tax investigation related to liquor tax and personal consumption tax in the Ctax secretary D, and was discharged from his position in the instant case. < Amended by Act No. 15104, Jan. 12, 2018>
1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) was investigated by the Defendant at the main point of “I” operated by H from July 14, 2016 to the point of “I” operated by G, with respect to the suspected charge, such as selling fakes and omitting a report on cash sales. On July 22, 2016, the Defendant received KRW 30 million as a honorarium upon receiving a request from H to the effect that the omission of sales, etc. was made at the K cafeteria located in the J-type around July 22, 2016.
Accordingly, the defendant accepted a bribe in relation to the public official's duties.
2. On March 7, 2017, the Defendant received KRW 15 million as a honorarium, upon receiving a request from M to the effect that, while conducting a tax investigation on the suspicion of omission in reporting cash sales from L, etc. at the “N” station operated by M from Mar. 7, 2017, the Defendant received KRW 15 million as a honorarium.
Accordingly, the defendant accepted a bribe in relation to the public official's duties.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each police suspect interrogation protocol of Q and R;
1. Each prosecutor's office and police statement of M and H;
1. Each police statement of S, T, U,V, and W;
1. Each protocol of seizure and the list of seizure (number 34, 35, 37, 38);
1. Each internal investigation report and each investigation report;
1. Application of Acts and subordinate statutes to each business registration certificate, deposit transaction statement, X dialogue content, a statement of credit card use proceeds, a computer inquiry statement, a report by place of business control at the NM field, on-site inspection certificate, and a business trip statement;
1. Article 2(1)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 129(1) of the Criminal Act (the occupation of acceptance of bribe as of July 22, 2016), Article 129(1) of the Criminal Act, and the acceptance of bribe as of March 22, 2017, and Article 129(1) of the Criminal Act.