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(영문) 청주지방법원 2019.03.13 2019고단48

부정처사후수뢰

Text

Defendant

A Imprisonment with prison labor of one year and six months and fine of 15 million won, and Defendant B shall be punished by imprisonment with prison labor of eight months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is deemed public officials in applying Articles 129 through 132 of the Criminal Act pursuant to Article 28 of the Act on the Establishment and Operation of Local Medical Centers for Administrative Grade 6 Employees working at a special project team, which is a funeral hall operation department of the D Hospital located in Seo-gu, Seo-gu, Seo-si, Seo-si, and is in charge of the business of purchasing goods required at the above funeral hall from March 1, 2014 to July 6, 2018 and examining whether the goods supplied are in conformity with the terms and conditions. Defendant B carries on drinking wholesale business in the name of “F” in Seo-gu, Seo-gu, Seo-gu.

1. Defendant A (Unlawful Acceptance) was aware that the items of goods required at the funeral hall according to the relevant provisions, such as the accounting rules of the hospital, must be selected by the special business team and requested to the financial accounting team and the financial accounting team must select the delivery company through bidding on an annual basis.

Nevertheless, around November 2017, the Defendant received illegal solicitation from B to “D Hospital funeral hall in order to supply four beverages, such as “inva,” for five years, on condition that he installed an empty electric sign board without compensation,” and concluded a verbal contract with the content that he puts the four beverages to the above four-mentioned funeral home stores for the next five years after being provided with an empty electric sign board equivalent to KRW 2,6850,000 on B and the above funeral home, and then puts the four beverages to the above-mentioned funeral home store stores for five years. Around 15:00 on March 7, 2018, the Defendant received KRW 150,000 in cash for the purpose of having the above four beverages supplied for five years from B at the front of the parking lot of the H childcare center located in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Accordingly, the defendant received a bribe after performing an official illegal act as an employee of the D Hospital Special Project Team which is regarded as a public official.

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