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(영문) 광주지방법원 순천지원 2016.12.22 2016고단2423

뇌물공여등

Text

A defendant shall be punished by imprisonment for not more than ten months.

10 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is a member of the 7th Assembly elected in the local election on June 4, 2014, and is the chairman of the 7th second half of the D Council.

On July 1, 2014, the Defendant thought that money was provided to the members E and F of the D Council to be elected as the Speaker from the overall election of the chairman of the D Council, which was implemented on July 1, 2014.

1. On June 20, 2014, at the D Council conference room located in G around 12:00, the Defendant discovered that there is a mixed person by a member, who is a public official in the above D Council counseling room, after completing the original d Council conference at the D Council conference room, and for the above purpose, E said purpose stated that he would be “one hundred and fifty hundred and fifty hundred and fifty hundred and fifty million won in cash (one hundred and fifty hundred and fifty thousand won in won) in a letter bag.

As a result, the Defendant offered a bribe in relation to E’s election voting duty.

2. On June 2014, the Defendant expressed his intention to offer a bribe by phone call to Fman who is a public official in police officers in the middle of the 2014. On the same day, the Defendant attempted to take 5 million won in cash (50 million won KRW 100,000) from F to F for the same reason as described in paragraph (1). However, F was refused to take this out on the same day.

Accordingly, the defendant expressed his intention to give a bribe in relation to F's election voting duty.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning E and F;

1. Data on investigation reports (to attach and analyze details of account transactions, 2014, by a suspect and wife I), and replies;

1. Investigation report (verification of a suspect's borrowed account in the J's name);

1. Application of the Acts and subordinate statutes of the 2014 Schedule to the Tracur Trading List by KFF L branch (2014);

1. Article 133(1) and Article 129(1) of the Criminal Act, the applicable provision of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for the sentencing of Article 134 of the Criminal Code is that the defendant is a member of the 3-line military council in relation to the election of the chairman of the military council.