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(영문) 제주지방법원 2013.05.29 2013고정37

뇌물공여

Text

Defendant

A shall be punished by a fine of KRW 4,000,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

D is a public official in contractual service of Jeju Viewing E, who is in charge of preparation of design drawings, current status drawings, and change of building indication.

[Defendant B] Around August 12, 2009, the Defendant made a solicitation to D, who is a public official for the said Jeju dan building, in the said Jeju dan building, and remitted KRW 2 million to the Jeju Bank account (Account Number: H) in the name of G, a next account managed by D under the name of design cost and honorarium.

The contents of the solicitation was "for the purpose of changing the use of the F Garan as an entertainment drinking house, it was well treated."

As a result, the defendant made an illegal solicitation in relation to the public official's duties, and provided two million won with the case and design expenses, and provided a bribe.

[Defendant A] A around November 18, 2010, the Defendant made an illegal solicitation from the first multi-household house in Jeju City to D public officials in charge of viewing Jeju, and remitted five million won to the Jeju bank account in the above G name, which was managed by D under the name of design cost, revenue cost, etc.

The content of the solicitation was that “The illegally expanded portion of the above I multi-household housing was implied, and it received an application for change of the purpose of use, such as drawing up a design drawing, etc. in non-existent state.”

As a result, the defendant made an illegal solicitation in relation to the duties of public officials, and provided a bribe of 5 million won to G, a third party at design cost.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness D;

1. Issuing a written notification of the result of applying for a merger with the building ledger and a written permission for change of use;

1. Application of the Acts and subordinate statutes on account transactions in G Jeju Bank;

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

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act