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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 해남지원 2012.02.09 2011고단145
특정경제범죄가중처벌등에관한법률위반(수재등)
Text

1. Defendant A shall be punished by imprisonment for six months and by a fine of ten thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Defendant

A is a person who, from April 8, 2005, has been working as the president of the H Association in the Jeonnam-Gun G from around April 8, 2005, has overall control over the operation and management of the Association, and Defendant B is a person who operates the J in the Jeonnam-Gun I.

1. Defendant A

A. On February 2, 2009, Defendant A received a request from Defendant B to the effect that “the low temperature storage construction corporation in relation to the K business in 2009 is entrusted to the company run by Defendant B,” and received money and valuables from an executive officer of a financial institution in relation to his/her duties in cash as a honorarium, in a restaurant where the trade name of the bus terminal root located in the Southernnam-gun, west-gun, west-gun, west-do.”

B. On March 2009, Defendant A received KRW 5 million in cash from Defendant B, and received money and valuables from an executive officer of a financial institution in relation to his/her duties, at a Lcafeteria parking lot located in the Hanpo-si, Manpo-si.

2. Defendant B provided money and valuables to the officers of a financial institution on the same date, time, and place as set forth in paragraph (1) and provided that Defendant B provided a total of eight million won to Defendant A twice as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness B and M in part;

1. Each prosecutor and police suspect interrogation protocol against the Defendants

1. Statement made to the prosecution by the N;

1. Each police statement of the N, M, orO;

1. A standard contract for each construction contract, documents on the draft of construction works related to H-negotiable agricultural products collection center, minutes of the board of directors, request for audit of H association, notification of audit results, and a document executed by the Gun office related to K

1. Detailed statements, passbooks, and details on the use of credit cards;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Defendant A who committed the relevant crime: Article 5(1) and (5) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Concurrent Imposition of Imprisonment and Fines): Defendant B: Article 6(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Selection of Imprisonment).

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