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(영문) 대구지방법원 서부지원 2011.12.29 2011고합182

뇌물수수

Text

A defendant shall be punished by imprisonment for two years and by a fine of forty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From September 1, 2008, the Defendant works as the Director General of the G-si in Jeollabuk-do, Jeollabuk-do, and is a public official in charge of construction affairs, such as the purchase and installation of street lamps.

1. On October 6, 2010, the Defendant received a request from K of the Executive Director of Company I (J in the case of corporations: the location of the corporation), a manufacturer of streetlights, to the effect that “the streetlights purchased and installed at the Hasan city, would be supplied to I, a stock company,” and received a cash of KRW 20 million as a honorarium.

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

2. In full view of the statements of the Defendant and the witness M, the Defendant, from the end of November 2010 to the beginning of December 2010 of the same year, was a person whose name is not known under the pretext of a honorarium for solicitation from the above K to the same purport as that of paragraph (1) at the Seocho-gu Seoul L Hospital's staff. As such, the “person whose name is unknown,” as indicated in the facts charged, is M,

through this, 20 million won was delivered in cash.

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

3. Around April 5, 2011, the Defendant received cash KRW 20 million from the above K as a honorarium for solicitation to the same effect as Paragraph 1 in the street near the above “Hac shop.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K, N andO;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each prosecutor's interrogation protocol concerning K;

1. Each prosecutor's statement of K, N,O, and P;

1. Each statement of P and Q;

1. Each investigation report (the details of the use of the borrowed-name mobile phone used by A during the internal investigation, the telephone conversations with the suspect's wife, and the details of A and K telephone conversations attached);

1. Application of this Act and subordinate statutes to the mobile phone calls and the details of the use of corporation cards, and to extract A or K telephone calls;

1. Article 129 of the Criminal Act concerning criminal facts and the choice of punishment

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