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(영문) 서울중앙지방법원 2015.06.05 2014고합1453

특정범죄가중처벌등에관한법률위반(뇌물)

Text

Defendant shall be punished by imprisonment for a year and six months, and a fine of forty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant served as F from January 2, 2012 to January 1, 2013 in the Export-Import Bank of Korea, and from January 2, 2013 to November 13, 2014, G is serving as H from November 14, 2014.

From November 2012 to December 2012, the Defendant increased the credit limit to I (hereinafter referred to as "I") of the Export-Import Bank of Korea to KRW 9 billion to KRW 30 billion, and accordingly, provided credit to I, and took charge of duties related to I related to credit of the Export-Import Bank of Korea.

Since then, around December 28, 2012, the Defendant received 500,000 won card from the J of 10,000 won from the K of I Financial Director at the coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government, and around January 2, 2013, around January 2, 2013, the Defendant received 10,000 won loan from J to the national bank account in the name of the Defendant through K without interest agreement, and obtained profits equivalent to 10,000 million won from the loan.

Accordingly, the Defendant received a bribe equivalent to KRW 14,575,342 in connection with the duties as an employee of the Export-Import Bank of Korea who is deemed a public official pursuant to the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., 9,575,342 won in financial gains of KRW 5 million in the term card 9,575,342 x 5% in a year x 5% in a year x 334 days (from January 2, 2013 to December 1, 2014, which is deemed to be below).

Summary of Evidence

Defendant’s partial statement

Witness

J and K’s written statement of seizure (Evidence 38 Nos. 100 million) records (Evidence List), investigation reports (A. 100 million won and documents related to receipt of documents), investigation reports (A. 100 million won and documents related to receipt of documents), investigation reports (A. 3 documents attached to A’s personal records card), investigation reports (a. 3 documents attached to A’s personal records card), investigation reports (a. 3 documents attached to the approval of loans), submission of reference documents, investigation reports (a’s account transaction records attached to the suspect’s account transaction records), investigation reports (a. 38), investigation reports