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(영문) 의정부지방법원 2018.07.05 2018고합56

특정범죄가중처벌등에관한법률위반(뇌물)등

Text

[Defendant A] Imprisonment with prison labor for 4 years and fine for 70,000,000 won

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a tax official working for the K department at the current high-level tax office from February 201 to February 2, 2013, who works for the N department at L from February 201 to February 2013, and was in charge of the value-added tax and corporate tax on the corporation.

Defendant

B is a tax official working at the current Namyang-gu tax office, who works for the N department of the above tax office from March 2013 to February 2014, and was in charge of value added tax and corporate tax on the corporation.

O served as a financial director of Q Q Co., Ltd. who engages in the development, manufacture, and sales of electronic devices such as mobile communication devices in P.

Defendant

A A A A A A Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) was urged by the aboveO on March 2012 to provide tax convenience, such as early refund of Q Q’s value-added tax refund, and various kinds of tax dispositions. On May 2012, the Defendant received two handphones (or equivalent to KRW 2,100,000 at the market price) from the above MM tax office on two handphones (or KRW 2,10,000 at the market price) from the above MM tax office, and received cash equivalent to KRW 69,710,980 in total over 21 times from around that time until May 7, 2013, as in the list of crimes in the attached Table (1).

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

The term “Article 129 of the Criminal Act” or “Article 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes” among crimes concerning duties of public officials who violate the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds constitutes serious crimes prescribed by the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds, and no person may disguise the acquisition or disposition of criminal proceeds with respect to such serious crimes.

The Defendant issued 100,00 won check from August 2, 2012 to November 201 of the same year and issued 10,000 won check to the company bank.