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(영문) 수원지방법원 2016.11.16 2016고정221
뇌물공여
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of G Co., Ltd.

G Co., Ltd. is performing construction works after obtaining a construction permit on August 24, 201, as a new construction project for 494 households with 5 stories above the 15th ground level underground, on a site located in Young-gu H development district in Suwon-gu, Suwon-si, Suwon-si, by obtaining a construction permit on August 24, 201, on June 4, 2015 (the increase in the underground total floor area) and on June 8, 2015 (the change to 6 units of Class 1 neighborhood living facilities to business facilities).

At around 06:59 on June 9, 2015, the Defendant received an advisory message from Suwon City I as a mobile phone, and at around 15:00 on the same day, the Defendant issued an amount of KRW 5,00,000,000 to the effect that he/she would change business convenience in relation to the construction of an officetel under construction in the G corporation.

Accordingly, the defendant given a bribe to a public official in relation to his duties.

Summary of Evidence

1. Statement in the first protocol of the trial that the defendant has given I an amount of five million won that he/she has given an amount of five million won that he/she has provided;

1. Copy of the suspect examination protocol of the accused;

1. A copy of each protocol of examination of prosecution concerning I;

1. Copies of each prosecutor's statement of L, M, N,O, and P;

1. Copy of the accusation;

1. Application of Acts and subordinate statutes to each investigation report (exploiting circumstances to destroy evidence, attaching data for recovery from PC, and attaching a copy of cell phone messages);

1. Relevant Article of the Criminal Act and Article 133 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of each of the evidence and the reasons for conviction and sentencing of Article 334(1) of the Criminal Procedure Act, the facts charged in the instant case can be sufficiently recognized, since the amount that the Defendant delivered to I is a bribe having business relationship, given that it is sufficiently recognized in light of the circumstances of the instant crime, the process of issuing money, and the situation before and after the issuance of money, the amount of money given, the social status and relationship with the Defendant and I, and the status of the Defendant’s business.

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