208 Highest 1882 A. Acceptance of bribe

(b) Violation of the Political Funds Act;

(c) Acceptance of prior bribery;

(d) Offering of bribe;

(e) Acquisition of third-party brain;

F. Expression of offer of bribe

1. A.(b)(c)O (****************)) and public officials.

Residential Jeonnam 00,00 Eup**

2. D. 2.00 (*************) Korea 00 General Director

Residential pushed-si 00 Dong**

3.D. 00 (**************) and note.

Residential Jeonnam 00,00 Eup**

4.D. 00 (****************)) and public officials.

Residential Jeonnam 00,00 Eup**

5.ma. 00 (***************)) and non-service workers.

Residence Jeonnam-gun 00,00 Eup***

6. (f.f., 00 (************) and note

Gwangju 00-Gu 00 Dong**

Park 00

Attorney Kim Jong-soo, Lee 00, Lee O-O (Defendant, Lee Ba-hoon, Counsel for defendant-appellant)

Attorney Kim Do-young (Defendant Lee In-bok et al., Counsel for defendant)

Attorney Lee Do-young, Counsel for the defendant-appellant 1, Counsel for the defendant-appellant

Law Firm OO, Attorneys KimO-O (Defendant Song-O)

November 3, 2008

Defendant 00 shall be punished by imprisonment with prison labor for one year, by imprisonment with prison labor for up to eight months, and by imprisonment with prison labor for up to one year, and by imprisonment with prison labor for

of 10,000,000 won, of 10,000

(c)

Defendant 10 If the above fine is not paid, the period of 50,000 won converted into one day.

The above defendant shall be confined in a workhouse.

The number of days of detention prior to the issuance of this judgment shall be 34 days in 00, 29 days in 00

(2) The court shall include the three-day period in the penalty against Defendant 100, and the two-day period in the penalty against Defendant 100

shall be included in the period of detention in the workhouse.

except that for the defendant Lee 00, Lee 00, Lee 00, and Song 00, each two years from the date this judgment becomes final and conclusive

The execution of each of the above punishments shall be suspended.

The amount of KRW 55,00,000 shall be additionally collected from Defendant 00.

To order the provisional payment of an amount equivalent to the above fine against the defendant 00.

Of the facts charged in the instant case against Defendant 100, the charge of acceptance of bribe against POs is acquitted.

Criminal facts

1. The defendants' status relationships

Defendant 00 was on May 27, 1970 and on September 27, 1998, the head of the 00-Gun 00 pages, the head of the social welfare office of the 00-Gun on March 2, 1999, the head of the 00-Gun Eup on November 9, 2002, and the head of the 00-Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun 15 January 15, 2005.

Defendant 00 is a person who holds office as a general secretary in Korea, a corporation that supplies water supply and sewerage materials at the 00 military administration.

Defendant 00 is a public official of 00 military administration Kim 00 who was promoted to Grade VII through VI in local administration on October 9, 2006 and served in a 00-Gun office of 00 Gun.

Defendant 00 is a public official of the 00 military service, who is promoted from February 11, 2008 to Grade 7 to Grade 6 of the local agriculture while serving for the National Assembly of 00 military service at the Museum of 000 military on April 10, 207 upon the personnel order of 00 military service.

The defendant 00 is the 00 son elected from May 31, 2006 to 00 Gun election from May 31, 2006.

Defendant Song 00 is a public official of 00 military administration who works as the head of the research and development division at the time of being ordered to act as the head of the above Agricultural Technology Center on or around February 11, 2008, while serving as the officer in charge of research and development of the Agricultural Technology Center at the 00 Military Administration (Grade VI). Defendant Song 0 is a public official of 00 military administration who works as the head of the current research and development division.

A. Korea00 Co., Ltd. (hereinafter referred to as “Korea00”) supplied water supply and drainage facilities to the 00 Gun Office from 2003 to 00. From 2003 to 48 million won for 2004, the amount of KRW 40 million for 2004, and KRW 110 million for 205,000 won for 10 million for 00,000 won for 00,000 won for 00,000 won for 00,000 won for 00,000 won for 130,000,000 won for 130,000 won for 130,000,000 won for 0,000,000 won for 130,000,000,000 won for 20,000,000 won for 20,000,000 won for 0,000.

(1) Accordingly, on June 1, 2006, Defendant 100 delivered KRW 10 million to 00,000,000 (Account No. 6030-00-000), which included 00,000 won from 100,000,000 won from 10,000,000 won from 10,000,000 won from 10,000,000 won from 10,000,000 won from 1,000,000 won from 1,00,000,000 won from 1,00,000 won from 1,00,000 won from 1,00,000 won from 1,00,000 won from 1,00,000 won from 1,00,000 won from 1,000,000 won from 2,000.

(2) Around June 2006, Defendant 100 requested to assist again to the effect that “I am sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal s. s. s. s. s. s. s.).

As a result, Defendant 00, who will be a public official, received a bribe of KRW 20 million from 00,000 from 20,000,000.

B. Defendant 00 received political funds related to the organization from a corporation or organization both domestically and abroad as a result of the use of the political funds related to the organization as the activity expenses as the head of the Gun, after being granted from around June 2006 to a 00-000 apartment houses of 100-000 Da-804, 2000, from 00 Da-nam-gun, 0000, from among the e-mail, from 00, the e-mail from among the e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail.

C. On May 31, 2006, 2006, Park O, which is a punishment of Defendant Lee 00 and private money, had been elected with 00 Gun 00 Gun, with the intention of requesting the special employment of Park O for the temporary employees of 00 Gun 00 Gun 00 Gun Do 00.

From June 19, 2006 to 000 pages 00, 100,000, which were located in the 000 pages, Jeonnam-gun-gun, 000, one million won cashier's checks from 10,000 to 10,000,000,000, and 00,000,000,000 won prior to the same day, 00,000,000 won was requested to 00,000,000,000 won, and 10,000,000,000 won was collected from 0,000,000 won.

Accordingly, this00 won deposited the above 10 million won's cashier's checks with 000 00 000 000 000 000 0, Namnam, around June 19, 2006 (Account number 60313-00-00000), and around 23, the above 00 00 won's cashier's checks (400 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0 00 00 0 00 0 00 00 0 00 00 0 00 00 100 00 00 00 3 00 00 00 00 0 00 00 00 00 3 3 00 00. 3 .

D. On October 2006, Defendant 00 received a bribe of KRW 5 million in cash, and received a bribe of KRW 5 million in connection with his duties from 00,000,000,000,000,000,000 from 00,000,000 to 1507, and from 7 to 6,000,000,000, which was promoted from 7 to 6,000,00 in the local administration on October 9, 2006.

E. The defendant Lee 00, who is a public official of the 00 military service, was a relative of the defendant Lee 00 and the 7th degree from September 1998 to March 199, and the above 00 military personnel were 00 military personnel and the above 00 military personnel were 00 military personnel, and the above 00 military personnel worked as the 7th class public official of the 00 military personnel and the above 00 military personnel were 00 military personnel who were 00 military personnel and 1302 Dong 1307, which were 00 apartments and their 00 military personnel were 00 military personnel after the 00 military personnel was elected to 00 military personnel.

At the end of December 2006, Defendant 00 delivered 10,000 won cashier’s checks (the check number 7972100-000-000), a total of KRW 10,000,000,000 to Defendant 100,000,000,000,00 in his own house located in 00,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000 won, which includes the meaning of 1,000,000,000,000 won, as well as 1,000,000,000,000 won, in relation to public officials’ duties.

3. Defendant 00

Defendant 00 delivered KRW 20,000,000,000,000,000,000,000 won, which included the purpose of solicitation, to Defendant 00, who is the election of the head of the Gun, at each time and at each place of the above 2-mentioned paragraph (a) above, in relation to the supply of water supply and sewerage materials twice, as above, to Defendant 200, who is the election of the head of the Gun, in the same manner as described in the 2-mentioned paragraph (a), and offered O a bribe of KRW 20 million.

4. Defendant Lee 00

On October 9, 2006, Defendant 00, who was promoted to Grade 7 through Grade 6 of the local administration of 00, the husband Kim Jong-soo, was a member of the 00 Gun Lee O, who was willinged to offer money and goods for the case expenses, and at the same time and place of the above 2-D date and place, as above, Defendant 00 delivered the shopping bags containing KRW 5 million in cash as well as the name of husband Kim Man-man's promotion bonus, and granted 00,000,000,000 as public official, to this 0,000,000 won, in connection with the duties of 00 head of Gun, who is a public official.

5. Defendant Lee 00

From the end of December 2006, the Defendant, as a relative of the 00 head of Gun Lee 00 and the 7th degree, offered KRW 10 million as a bribe to the Defendant in relation to the Defendant’s duties of 00 head of Gun through 00 head of Gun, as described in paragraph 2-Ma, at the Defendant’s house located in 00 Do 100 Do 102 1307, 2006.

6. Defendant Lee 00

A. The defendant around June 23, 2006, at the house of 00,000 '00 '00 '00 '00 '00 '00 '00 ''' located in the 00 '0 '0 '00 '.' around June 23, 2006, the defendant accepted the above 10 million '1,000 '1,000 '1,000 '1,000 '1,000 '1,000 ',000 ',000 ',000 ',00 ',00 ',00 ',000 ',00 ',000 ',00 ',00 ',00 ',00 ',00 ',00 '.' and received the money.

As a result, the defendant was issued KRW 10 million from 00 knowing that he was a bribe to be provided in connection with the duties of 00 Gun elected persons who will be a public official.

B. On December 2006, 200, Defendant 100,000 won was delivered from Defendant 100,000,000 won, together with the purport of the above 100,00 won, which includes the above 10,000 won in personnel, as described in paragraph 2(e) at the house of 00,000,000, 000,000,000,000 won, which is the father, around that time.

As a result, Defendant 00 received KRW 10 million from Defendant 00 knowing that he was a bribe provided in connection with the duties of 00 head of Gun, who is a public official.

7. Defendant sent 00

Defendant Song 00, who is a public official of the 00 military service, had been in charge of deep arts research at the Agricultural Technology Center of the 00 military service as a rural instructor, but he had been in charge of deep arts research at the 00 military service center. However, he had been willing to request the promotion of the husband's affairs by giving money to 00 Gun Lee this, and on January 4, 2008, at the house of 00 Gun, in the 00 Gun, in the 00 Gun, in the 00 Gun, in the 00 Gun, in the 00 Gun, in the 00 Gun, in the 00 Gun, in the 00 Gun, in the 00 Gun, the 00 Gun. The fact was that the Gun had been working at the Agricultural Technology Center of the 1507 Gun. The fact was that the Gun was 40 million Gun, who had paid cash in the 000 Gun.

Accordingly, the defendant expressed his intention to accept a bribe of KRW 40 million with respect to the duties of KRW 00,000,000, which is a public official.

Summary of Evidence

No. 2-A and 3 Facts

1. The defendant's partial statement 00, 00, 00

1. Each part of the statements made by the witness Lee 00, the highest 00, the new 00, the Kim 00, the Kim00, the Kim 00, the Kim 00, the Kim 00, and the door 00

1. Statement by the prosecution on 00, maximum 00, and Kim 00

1. The construction progress of the 00 military unit and the completion of the contract (Evidence No. 6238), the account book of management expenses (Evidence No. 6239);

- investigation reports (Korean 00 delivery status data attached, evidence records No. 6530), face-to-face (00 pages);

00) Copy of the official document, etc. (Evidence No. 7320 of the evidence record), investigation report (in 00 transfers)

Restatements, evidence records No. 8237), 00 pages, and 00 copies of the paper section of the city planning road (Evidence)

Macks No. 9483 Above 9587)

Section 2-b. Facts

1. The defendant's partial statement 00

1. The witness's respective legal statements 00, 00, and 00;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant 00 or 00;

1. Statement made by each prosecutor's office on 00, 00, and 00;

Sub-paragraph (c) and (6) of the holding

1. The defendant's partial statement 00, 00

1. The witness’s respective legal statements 00, 00;

1. Decision of the Gwangju District Court 2008 Highest 0000 and copies of protocol of trial; and

1. Protocol concerning the examination of the suspect by the prosecution against the defendant 00 or 00;

1. Copy of the protocol of examination of suspects by the prosecution against POs or o00;

No. 2-D. and No. 4

1. Each legal statement of the defendant Lee 00 and Lee 00

1. Each legal statement of witness KimO, Shin00, and Song 00;

1. Results of the examination of recording tapes by this court;

1. A protocol concerning the examination of the defendant's O, or a protocol concerning such0 for the prosecution;

1. A protocol of each prosecutor's statement concerning Lee 00, Q0, Shin 00, and Kim 00;

Sub-paragraphs 2-e and 5-6(b) of the holding.

1. Each legal statement of the defendant Lee 00, Lee 00, Lee 00

1. Each legal statement of a witness 00, senior 00, Kim 00, Kim 00, and Cho 00;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant, 00, 00;

1. Statement made by each prosecutor's office concerning height0, gambling00, and tide00;

Facts of Decision 7

1. Each legal statement of the defendant Lee 00 and Song 00

1. A protocol concerning the examination of the suspect by the prosecution against the defendant, 00, 100;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendant 00: each criminal law article 129(1)(a)(a) of the Criminal Code (a point of acceptance of bribe at the time of sale and each choice of imprisonment);

Article 129(2) of the Criminal Code (the fact of each prior acceptance of bribery, each choice of imprisonment), Article 45 of the Political Funds Act

section 2(5) and Article 31(2)5 (the receipt of political funds at the time of market and the choice of imprisonment)

Defendant 00: Articles 133(1) and 129(2) of the Criminal Act (the point of offering a bribe and the choice of imprisonment)

Defendant Lee 00, Lee 00, and Song 00: Articles 133(1) and 129(1) of each Criminal Act

The expression of intent to grant water; Defendant 00; Defendant 00; Defendant 00; Defendant 00

For fines, selection of fines)

Defendant 00: Articles 133(2) and (1), 129(1) and (2) of the Criminal Act (in case of each third party brain);

Acquisition of water, each choice of imprisonment

1. Aggravation of concurrent crimes;

Defendant Lee 00 and Lee O-O: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Defendant)

With respect to this 00, a statement on the acceptance of bribe against the defendant 100 with the largest punishment and criminal fact

(1) A third-party Bribery from 00, with a heavier penalty, for the defendant 00

Aggravation of each concurrent crime with punishment prescribed in the crime of acquisition)

1. Detention in a workhouse;

Defendant OO: Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of detention in detention;

Defendant EO, EO, EO, EO: Article 57 of each Criminal Code

1. Suspension of execution;

Defendant Lee 00, Lee 00, Lee 00, and Song 00: Article 62(1) of each Criminal Code (Defendant Lee 00, Lee 00, and Song

00 With respect to the circumstances and motives of the instant crime, the amount of mines, and the previous convictions of the said Defendants

Considering that Defendant 00 is identical to the statement of reasons for sentencing

1. Collection;

Defendant OO: Article 134 of the Criminal Act; Article 45(3) of the Political Funds Act

1. Order of provisional payment;

Defendant 00: Article 334(1) of the Criminal Procedure Act

Judgment on the acquittal

1. Summary of the facts charged regarding the acceptance of bribe against Defendant 100's gambling

A public official of the 00 Military Administration worked as a Grade VI public official at the 00 Military Administration around September 2002, but was ordered as a development leader of the 00 Eup office instead of promotion to a Grade VI public official. Defendant 00 served as a 00 Eup/Myeon office on November 2002, when he was ordered as an OO Eup office at the 00 Military Administration, and until he was assigned to a 00 Eup office through the ecological park on March 5, 2004, he was assigned to a 00 Eup office under the direct command and supervision of Defendant 00 and thereafter, Defendant 00 had been assigned to a civil petition processing division at the 00 Military Administration and served as a 00 Gun public official and had actual influence over the above 00-Gun public official, etc., and Defendant 1 had been present at the above 00-Gun office and worked as a 00-Gun public official.

The defendant 00 stated that "I will go to the next 00 military units in the election. When the officer is elected, I will promote the officer."

In addition, around March 2005, Defendant 00 demanded 00,000 won in fact without interest and repayment agreement to 10 million won for 00 Gun 0-Gun 00 Gun 0 Gun 00 Gun 00 Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Do.

Around that time, the above gamblingO received a loan of KRW 10 million from the 00-Gun branch located in 000,000,000 in the 00-Gun 00-dong, and the defendant received KRW 10 million,000,000,000,000,000,000 from the above gamblingO as a public official at the 00-Gun office in Gwangju-gu around March 14, 2005, when working as a public official at the 00-Gun office in the above gambling 00-dong-gu 00-dong, while serving as a public official at the above gambling office in Gwangju-gu 00-dong.

As a result, Defendant 00, who is a public official, received a bribe of KRW 10 million in relation to his duties from Park 00 who is a public official.

2. Determination

A. Bribery is a legal interest directly protected to the fair performance of duties and the purchase of the non-performance of duties based on social trust. Thus, the crime of acceptance of bribe is established if the number of money received from a public official's official's duties and money is in consideration of a quid pro quo relationship, the existence of a solicitation, and a quid pro quo relationship, and there is no need to specify the act of performance of duties. Meanwhile, in the crime of bribery, the duties of a public official include not only the duties under the law, but also the duties closely related to such duties, or duties that can assist or affect such decision-making authority (see, e.g., Supreme Court Decisions 96Do378, Apr. 17, 1997; 2004Do1442, May 28, 2004; 2004Do1442, Apr. 28, 2004; 2008Do1400, Nov. 28, 2004). 204.

As long as a quid pro quo relationship is required between the acceptance of a bribe and the receipt of a bribe, there is no need to prove the fact that there is a quid pro quo relationship for an individual act among the official duties of a public official, but at least there is a need to prove the scope of the official duties of a public official, and there is an intention to accept a bribe in relation to his duties.

(b) Fact of recognition;

(1) From February 5, 1949, Park 00 promoted to the local civil engineering officials of the 00th Gun Office on January 1, 1996, the officer was scheduled to be promoted by being issued as Class 5 treatment for local civil engineering officials on January 1, 2001, but the officer was not subject to a promotion order, and the officer was not subject to a promotion order, while serving as the development leader of the 00 Eup office on September 1, 2002, maintained a close relationship with the Defendant Lee 00, who worked as the head of the OO Eup office from November 2002.

(2) After being elected as the head of Gun on March 5, 2004, Park 00 had been elected as the ecological park on March 5, 2004, and again, from August 1, 2004 to the Myeon office, the officer of Grade V was in fact unable to promote the Grade V official, and the defendant was in office as the head of 00 Eup and was in office until January 14, 2005, and had been in a more close relationship between the defendant 00 and the non-indicted 00 as the head of 00 military office on January 15, 2005 and received astronomical personnel as the head of 00 military office on January 15, 2005.

(3) Meanwhile, around March 2005, Defendant 00 was discussed about whether or not gamblingO and gambling method, which had been frightened to go out to a 00 Gun after the resignation of public official, and the method of election, and as at the time, Defendant 00 was under financial pressure due to the guaranteed obligation against Defendant 00, which was an son at the time, it was expected to go out to go out to a 00 Gun later, and the head of Gun would be expected to take out from an election to a 00 Gun, and thus, Defendant 10 million won was demanded to borrow 10 million won.

(4) On March 14, 2005, Park Sang-O refused several times on the ground that he did not have money, and the defendant demanded to continue to be 00, and when it is difficult to promote or promote the defendant to be elected as the head of the Gun, he could employ his own retirement allowance as a public official. On March 14, 2005, he lent 10 million won to the defendant Lee 00.

(5) At the time, Park Sang-O prepared a cash storage certificate from 00, and prepared for the subsequent day by posting a copy of the number of tickets it lent to the Defendant. Defendant 00 delivered KRW 10 million to 00 without the intention of actual return, in the event that Defendant 1 is elected to the Gun.

(6) According to the criteria for promotion and appointment of 00 group based on the Local Public Officials Act and the Decree on the Appointment of Local Public Officials, for public officials of Grade VI or lower at the time, the head of each relevant department shall evaluate performance as an evaluator, and for public officials of Grade VI or lower at the time, the head of each relevant Gun shall prepare a list of final candidates for promotion by reflecting the evaluation points at the rate of 7:3, and if the head of each Gun requests the personnel committee to review by selecting persons eligible for promotion within four times the number of persons to be promoted according to the order of priority,

(7) On March 2005, an appraiser for Park 00 had been 00, the head of the Gu, the head of the Gu, the head of the Gu, and the head of the Gu, the vice-head of the Gu. The personnel committee members were 3 internal public officials including senior 00, and 7 external personnel. If the members were 20 or more public officials selected by the representative of the public official work council and the legal audit officer for each class, the evaluation committee members were 20 or more public officials. The defendant OO did not belong to the personnel committee or, if so, the evaluation committee members.

(8) The duties of Defendant 00 as the chief of the 00-Gun civil petition processing department were irrelevant to the personnel affairs due to civil petition, construction, and land view, etc., while the head of each Si/Gun/Gu and the vice-head of each Gun participated in the weekly business conference, but there was no discussion on the matters related to the personnel affairs by considering the tasks to be promoted in the work report and week. At the time, in light of the 00-class civil affairs and the status in which he/she received astronomical personnel, he/she did not have a position to present his/her opinion on the 6th class or lower public officials.

(9) For a local public official of Grade VI or lower, duties, unless there are special circumstances, since he/she is 57 years of age and did not leave the retirement age for only one year and has already received astronomical personnel, as he/she has already received the retirement age.

On the other hand, it is difficult to expect promotion, while it was not a situation to be subject to disciplinary action against misconducts, and 00Do 00, which was the case, retired from office as of June 30, 2005.

(c) judgment;

(1) Whether the director of the civil petition processing division at the time received money and valuables for the duties of Defendant 200

According to the above facts of recognition, it is difficult to view that Defendant 00 did not have any personnel affairs as the head of the civil petition processing division at the time and did not have any direct influence on personnel affairs because he was not appointed as a personnel committee member or a multi-level evaluation committee member.

According to the prosecutor's assertion, the possibility that the defendant Lee 00 continued to serve as a public official would be affected by the personnel affairs of Park O as a superior public official, or the official or non-official meeting would actually affect the personnel affairs of Park O as a senior public official. However, since he did not leave the retirement age for only one year, and he did not take any disadvantage such as disciplinary action, there is no reasonable ground to deliver money and valuables in relation to personnel affairs to the defendant Lee 00, who is not a superior officer in the class, and it is difficult to recognize that Park 00 had been well aware of the situation that he/she would immediately retire and leave the public official, or that he/she had been placed in the position where he/she was actually at a disadvantage of 00 head of Gun to whom he/she would actually suffer from the personnel affairs of 00 head of Gun, and that he/she did not have to take into account the possibility of withdrawal and election of 00 head of Gun, and that he/she did not have given the same position as the defendant's statement.

(2) Whether the defendant as the person scheduled to leave the 00 Gun is related to his duty

According to the facts acknowledged above, it is the profit expected when the defendant 00 goes out of the above 00 military election.

However, this is premised on the case of winning a Gun, and it cannot be deemed that it is related to the duties of the defendant 00 who is the director of the civil petition processing division at the time. However, it is a matter of whether the crime of preliminary accepting a bribe is established or not, but it cannot be deemed that a person who is not registered as a candidate for election but is in a state of winning only a person is a public

Therefore, it cannot be said that there was a bribe in relation to the duties of Defendant 1, an incumbent public official, at the time, could not be considered as a bribe, because he provided gold with regard to the duties of the head of Gun, expected to be appointed as the head of Gun by election.

(3) Sub-decisions

Therefore, the evidence submitted by the prosecutor alone is difficult to recognize a quid pro quo relationship between the defendant's duties and the receipt of money and valuables, and there is no other evidence to acknowledge it. Thus, the above facts charged shall be pronounced not guilty pursuant to the latter part of Article

Judgment on the Claim for Innocence

1. The point of acceptance of a bribe from Defendant 100

A. Defendant Lee 00, Lee 00

The above Defendants asserted that, at the time, the Defendant 00 delivered the money to attract the 00th election, which is a relative, and that there was no specific solicitation related to the Korean 000, so there was no prior acceptance of bribery. In addition, Defendant 00 did not have any awareness of the fact that Defendant 0 was hospitalized at the hospital at the time and received such money from Defendant 00.

B. Determination

Article 129(2) of the Criminal Act requires that a prior acceptance of a bribe, unlike the case of a simple acceptance of a bribe, shall be subject to a solicitation. Here, the solicitation refers to requesting a public official to perform a certain duty, and it shall not be asked whether the performance of the duty is illegal or not, nor shall the solicitation be explicitly made (see Supreme Court Decision 99Do1911 delivered on July 23, 1999, etc.). In addition, if the defendant and the addressee have been in contact from time to time and there is a relationship to the extent that assistance is to the private life, it is difficult to deem that the defendant had been sent money and valuables to the defendant's wife without notifying the defendant at all, and as the defendant's wife appears to have difficulty in paying money and valuables, it is reasonable to deem that such money and valuables have been delivered to the defendant unless there is any other reasonable ground (see Supreme Court Decision 96Do144 delivered on December 6, 196, etc.).

According to the evidence cited above, even if the defendant 00 had a high school as well as 2 years' house due to the difficulty of 00 households, he was aware that 1,200 Won was in office in Korea, and that 00 was well aware of the supply of water and sewage facilities produced by 1,00 Korea through the execution of various government-funded construction works, and that 00 won was well known of the fact that 00 won was delivered to 00,000 won, which was already delivered to 00, which was already delivered to 000, after the 000, which was delivered to 000, which was already delivered to 00, which was the final supply of such materials to 00, which was already delivered to 00, which was the fact that 00, the 0000, which was already delivered to 00, the 000, which was the first time after the 000, 000, which was the first time to 00,000 shares of the supply of new materials.

Therefore, the aforementioned Defendants’ assertion of innocence is rejected.

2. The point of violating the Political Funds Act;

Defendant 00 asserts that, because of financial difficulties prior to the instant election, it was not received as political funds after the election, and further, Defendant 100 is the money borrowed in his personal capacity from relatives who are not in literature.

The witness OO, 00, 00, and 00 stated that this Court held that this Court and the prosecutor's office provide 10 million won with the congratulatory money for election around June 2006, which was 100 after the election of the defendant, and the prosecutor's office stated to the same effect as the prosecutor's office in charge of finance of the sexual e-mail. It stated that 00 degree of 00 won, which is the chairperson of the sexual e-mail, was 10 won with the consent of the e-mail at the prosecutor's office, was 00 won for the purpose of attracting the election, and 00 won was 60 won for the reason that the e-mail and 600 won was delivered before the election of the defendant at the prosecutor's office, but this stated that the officer did not object to the above 00 won for the reason that the e-mail had not been delivered to the defendant for the purpose of extending the e-mail and 00 won for the purpose of the election.

3. The defendant's delivery of a bribe

Defendant 100 asserts that, although he delivered KRW 5 million in return for promotion, he knew of this and immediately returned it.

As to this, Defendant 00 stated that the prosecutor did not speak that money was returned to the prosecutor until the first interrogation of suspect was conducted, and that money was returned from the date following the second interrogation protocol was prepared to the date of delivery of money.

However, the fact that the defendant 00 did not speak about the important facts such as when he makes the first statement at the prosecutor's office is not well understood, and it does not coincide with the statements made by the new witness, 00 and 00, other witnesses, as well as the detailed details and time of return or return.

In addition, Defendant 00 stated to the effect that the construction would not have been carried out if the returned money was paid as construction cost, and the said money was not returned due to the absence of time. However, it is reasonable to view that Defendant 00 received the money by delivering the money to Defendant 00 without any objection by granting it to Defendant 00 without any specific objection, in view of the fact that Defendant 1 determined the construction without difficulty prior to the time of return, and she requested the construction after having discovered the estimate to Kim 00.

Therefore, Defendant 00’s assertion on this issue is rejected.

4. The point of delivery of a bribe of 00, Defendant 100

Defendant Lee O-O, Lee 00, Lee 00 argued that the above fact that Defendant Lee 00 received money from Park O-O or Lee O-O, but did not receive or receive money in connection with his duties, and that Defendant Lee 00 did not know the fact that he received money as above.

However, it is difficult to understand that 00 and 00 already led 00 O's special employment of 00 to 00, and delivered money to O0. It is difficult to understand that she had resided in an apartment building such as 00 and received money from O00, a large amount of 00,000 won, and that she had not been given notice of the fact that she had been given money from 00,000,000,000 won, and she had been given 100,000,0000,0000,0000,0000,000,000,000,000,000 won, she had been under the direction and supervision of 00,000,000,000,000,0000,000 won, and she had been given 10,000,0000,000,000,00 won.

Therefore, the above defendants' assertion on this issue is without merit.

Reasons for sentencing

1. Defendant Lee 00

The defendant 00 is the head of the local government, who is the head of the local government, and is responsible for the fairness of the execution of duties and the trust of the society.

Therefore, even though Defendant 100 must set a good example to local public officials who have been subject to the integrity and supervision of official duties by themselves, they would maintain the fairness of local administration and have undermined the morale of local public officials by accepting money and other valuables in exchange for a request related to their duties by using the authority such as personal rights granted to them, and rather, they have repeated illegal acts contrary to the purport of local residents who elected them, thereby impairing the local residents' trust in the fairness of performing their duties, and further causing serious risks to the fundamental significance of local autonomy system.

As such, a strict punishment should be imposed on Defendant 00’s act. However, in light of the fact that most of the acts of Defendant 100 are crimes related to relatives, Defendant 100 is currently in a state of aggravation of health after undergoing the surgery of a vertical cancer, and the amount of the accepted money of this case, Defendant 1 is sentenced to imprisonment for one year, such as the main sentence.

2. Defendant Lee 00

Defendant 100 also has to be criticized for having given a bribe, which is meaningful in the overall manner in relation to his personal affairs. However, in light of the fact that Defendant 100 committed the crime as above, it appears that Defendant 1 had pure drinking to assist Defendant 100, a relative, who was in difficult circumstances, with the intention to assist Defendant 1 to perform his duties in good faith and to assist a person who has difficulty in performing his duties as a local public official, and continuing his volunteer activities, Defendant 100 seems to have been only to select imprisonment, which naturally loses his status as a public official, and Defendant 1 is punished by a fine for this0.

3. Defendant Lee 00

The delivery of the money that Defendant 00 delivered to Defendant 00 without any rejection is an act of giving economic benefits to Defendant 1, the father of Defendant 00, without any distinction from the construction work, and the illegality and possibility of criticism are not small.

However, it is difficult to escape from the request of Lee 00 or Lee 00, the 7th degree punishment, which is a major part of defendant Lee 00. Furthermore, as long as the punishment is imposed on the defendant Lee 00, it seems that the sentence to the defendant Lee 00, who is his own child, is only imposed, the execution of imprisonment is suspended. Thus, the execution of imprisonment is to be suspended for the defendant Lee 00.

It is so decided as per Disposition for the above reasons.

Mychomama