특정범죄가중처벌등에관한법률위반(뇌물)
A defendant shall be punished by imprisonment for three years and by a fine of forty thousand won.
When the defendant does not pay the above fine.
Criminal facts
The Defendant is in charge of the business related to the transfer of the C site while serving as a police officer from April 30, 2001 to January 28, 201 as the Seoul National Police Agency B (Security Guards). From around 2002, the Defendant received money from D as the consideration for granting “C business rights” from D. However, while the C transfer project does not proceed smoothly, the Defendant did not grant D a new shopping mall business license.
Since then, on February 2010, the Defendant issued D’s “C business rights” to D at a non-displace on February 2010, stating that “The E and F enter into an MaU with C at present, and the E and F are well doing so, and it is necessary to pay money in connection with the business.”
The term "" refers to the following.
On May 2010, the Defendant continues to provide D with money to work at a coffee shop where the name of Yongsan-gu Seoul Metropolitan Government is unknown.
The term “C Business Right” was issued by D total sum of KRW 32,000,000 (the Chapter T2 of the original Check) in consideration of the grant of “C Business Right.”
Accordingly, the defendant accepted a bribe in relation to his duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against D and statement made by each police;
1. Statement made by the prosecution with regard to G;
1. Details of transactions (No. 26 No. 5 of the evidence list), application of Acts and subordinate statutes to copies of checks;
1. Article 2(1)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 129(1) of the Criminal Act, and the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010);
1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;
1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);
1. The latter part of Article 134 of the Criminal Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Two to seven years shall be sentenced to imprisonment within the applicable range; and