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(영문) 광주지방법원 2017.02.10 2016고합490
특정범죄가중처벌등에관한법률위반(뇌물)
Text

A defendant shall be punished by imprisonment for three years and by a fine of forty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From July 8, 2014 to October 31, 2016, the Defendant served as the Secretary General of the H-gu Office in Gwangju Metropolitan City (Class 6 public officials in extraordinary civil service) and took charge of assisting the head of H-gu in overall affairs of H-gu office, including personnel affairs, construction works, and purchase of goods.

On February 2, 2016, the Defendant: (a) at the office of K Co., Ltd. operated by the J in Gwangju-gu, Gwangju-gu; (b) received a bribe from a public official by receiving KRW 5 million in cash from the said J to February 2, 2016, from around October 2, 2014 to around February 2, 2016, by being aware that the J, the operator of the said company, concluded a contract for the supply of supply of, and road lighting equipment, including, the indoor lighting, from the Gwangju Metropolitan City H-gu Office; and (c) received a delivery of KRW 38,000,000,000,000 from the said J, under the same name as the list of crimes in the attached Form, and received a bribe as to the public official’s duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and L;

1. A protocol concerning the examination of suspects of the accused or the J for the prosecution;

1. Determination as to the assertion of the Defendant and the defense counsel on the investigation report (a confirmation of the current status of sales of public agencies such as K), investigation report (ACC details attached), investigation report (a analysis related to acceptance of bribe), investigation report (a criminal suspect A's personal record card attached), investigation report (a report attached to a suspect A), contract details entered into with K up to 2012-2016 up to K ( state), investigation report (a report on the results of tracking funds provided to the suspect A), investigation report (a report on the results of tracking funds, etc. granted to the suspect A), investigation report (a criminal suspect-related pocket book and copies of the

1. The summary of the argument is that the Defendant did not receive money as shown in the list of crimes in the annexed sheet Nos. 1 and 5, and only 1 million won was given and received at the net seven times, and the instant two and six times was received to deliver to M, N, etc., and the instant eight times is merely that the head of the Gu received money at the expense of the Publication Commemorative Association. In addition, the amount that the Defendant received from J does not have occupational relevance or quid pro quo.

2. Determination.

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