2018, 214 A. Acceptance of bribe

(b) Violation of the Aggravated Punishment Act;

(c) Offering of bribe;

Defendant 1. A. (60years)

Dongjak-gu Seoul Metropolitan Government

2. B. B (61 years old)

Housing Eargue group

3. (b) B. C (59 years old)

Residential species:

4. (c) D. (66 years old)

Residential Lighting Time

Prosecutor Jeon Soo-Un (Court of Second Instance) (Court of Second Instance)

Attorney Park Jae-ho (Attorney Park Jae-ho, Counsel for defendant A)

[Defendant-Appellee] Plaintiff 1 and 2 others

[Defendant-Appellee] Defendant 1

[Defendant-Appellee]

September 13, 2018

Text

Defendant A’s imprisonment with prison labor for two years, fines for 37,00,000 won, and imprisonment with prison labor for four years and fines for Defendant B

50,000,000 won, Defendant C’s imprisonment for four years, 60,000,000 won, and Defendant D’s imprisonment for one year.

each of the above provisions shall apply.

Defendant A, B, and C fail to pay each of the above fines, the amount of KRW 100,000 per day shall be converted into one day.

During the period, the above Defendants are confined in the workhouse.

1 (Evidence No. 48) seized by Defendant A ( Samsung, AY130FBVWD) shall be confiscated.

From Defendant A, KRW 17,939,01, KRW 50,000 from Defendant B, KRW 00,000 from Defendant A, and from Defendant C

59, 488, 916 won shall be collected respectively.

Defendant A, B, and C shall be ordered to pay an amount equivalent to the above fines and additional charges.

Criminal Facts)

Defendant A currently as the president of the Korea Electric Power Corporation 000 regional headquarters 00 (class 1) and 2012.

12. From December 17, 2017 to December 28, 2015, the Korea Electric Power Corporation 00 regional headquarters sales and distribution general team of Korea Electric Power Corporation 000.

A person who works for the head of the chapter (class 2); a person who sets up a line of distribution in the margin 2 area of well-known; and a person who sets up a line of distribution in the valley area of marina;

(g) A person who has invested in power distribution and construction business, such as "design and design change, authorization and permission related to construction, and power distribution and investment."

The business of the general distribution team, such as the administration of business budget management, subcontract, supervision, management and supervision of collaborative companies, etc. of the Corporation;

A general supervision over the affairs of the construction supervisor and the supervision over the affairs of the construction supervisor.

Defendant B is the leader of the power distribution operation team (class 3) at present 000 regional headquarters 00, Korea Electric Power Corporation.

Note, from December 2, 2013 to February 23, 2016, the power distribution division of the power headquarters, the power distribution division, the power distribution division, and the power distribution division of the power headquarters, the power distribution division, the power distribution division, the power headquarters, the power distribution division, and the power distribution division.

Part 4) Part 3 of Paju, part 4 Section 4 of Paju, part 4 Section , part 4 of Pacheon Industrial Complex. Part 4 of Pacheon

Design and design change for the implementation of power distribution construction projects, such as "construction works for installation", and authorization and permission for construction works, and distribution of electricity;

Duties are to administer the budget management administrative affairs for investment projects, to subcontract, supervise projects, manage and supervise collaborative enterprises, etc.

The work of the construction supervisor was performed.

Defendant C is the chief of the power distribution construction division (class 4) at the present Korea Electric Power Corporation 000 regional headquarters, and 2014.

3. From October 10 to April 10, 200, working in the Department of Power Distribution and Construction at the Regional Headquarters of 000: 2-4 District of 'Happiness City' (Japan).

Ministry) Power distribution and construction projects, such as "construction of pipelines", 2-1 district priority roads, 2-1 district priority roads.

plan and design change, authorization and permission related to construction, and power distribution investment business budget management;

the duties of a construction supervisor, the duties of which are subcontracted, supervised, and the management and supervision of a collaborative company, shall be the number of duties of the construction supervisor.

was conducted.

Defendant D is the representative who actually operates the "E" electrical construction company in Geumcheon-gu Seoul Metropolitan Government.

1. Defendant A

On September 2014, the Defendant: (a) in a mutually influorial restaurant located in Influorial City, Yeongdeungpo-gu, Seoul; (b) “Fluor 2 district.”

D under a subcontract for the installation of a main distribution line, 'the installation of a main distribution line', 'the installation of a main distribution line', 'the installation of a main distribution line'.

From the perspective of convenience for design change, payment for completed portion, etc., the market price of KRW 3,148,125 under the pretext of delivery

There are two net golds from around that time to August 8, 2017, including the receipt of two (20 20 e.g.) of the Party’s net gold.

money and valuables equivalent to KRW 18,137,01 in total over 58 times, such as the list of crimes (1)

Class 2 was offered with entertainment.

Accordingly, the defendant accepted a bribe in relation to his duties.

2. Defendant B

The Defendant, on June 2, 2015, at the above E’s underground parking lot located in Geumcheon-gu Seoul Metropolitan Government (State), caused D above.

from the Corporation supervisor to the Corporation that the defendant manages the Corporation as the Corporation supervisor, the 3rd area of Pakistan and the 4th section of the Corporation.

It was issued KRW 50,000,000 in cash under the name of receiving a salary.

Accordingly, the defendant accepted a bribe in relation to his duties.

3. Defendant C.

The Defendant, on June 1, 2015, at the Japanese house located in Daejeon Pungdong-gu, and at the 2-4 Zone 2-4 (part).

the term "construction works", 2- - 1 district roads, 'construction works to be performed on a pipeline', and the progress of construction works.

13, 250 under the name of delivery for the convenience of design change, payment for completed portion, etc. from D D

(1) The provision of meals equivalent to the cost, including the provision of cash 1,00,00 won in its place;

From around that time to September 28, 2016, total of 12 times, such as the list of crimes in attached Form (2).

59, 488, 916 won received money, valuables, and various entertainment.

Accordingly, the defendant accepted a bribe in relation to his duties.

4. Defendant D

(a) Offering of bribe to A;

As described in paragraph (1), the Defendant provided money and other valuables and various entertainment equivalent to KRW 18,17,01 in total to A.

It provided a bribe in relation to A's duties.

(b) Offering of bribe to B;

As described in paragraph (2), the Defendant provided B with money and valuables equivalent to KRW 50,00,000,000, and provided to B, as described in paragraph (2).

the acceptance of a bribe in relation to this case.

C. Offering of bribe to C

As described in paragraph (3), the Defendant provided money and other valuables and various entertainment equivalent to C totaling KRW 59,488,916.

It provided a bribe in relation to C's duties.

Summary of Evidence

omitted (Elimination)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

○ Defendant A: Article 129(1) of the Criminal Act; Article 53 of the Act on the Management of Public Institutions (generally:

A fine pursuant to Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.

Concurrent Imposition

○ Defendant B: Article 2(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 129 of the Criminal Act

Paragraph (1) of this Article, Article 53 of the Act on the Management of Public Institutions, Act on the Aggravated Punishment, etc. of Specific Crimes

Pursuant to section 2(2) of the Act, both penalties are imposed.

○ Defendant C: Article 2(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 129 of the Criminal Act

Paragraph (1) of this Article, Article 53 of the Act on the Management of Public Institutions (Generally referred to as "the Aggravated Punishment, etc. of Specific Crimes"

A fine shall be imposed concurrently pursuant to Article 2 (2) of the Act.

○ Defendant D: Articles 133(1) and 129(1)(A) of each Criminal Act (the point of offering of a bribe to A and C)

each inclusive, the choice of imprisonment

[Defendant B and C’s defense counsel] Defendant B and C Act on the Aggravated Punishment, etc. of Specific Crimes

Act on the Management of Public Institutions Article 53 of the Act on the Management of Public Institutions, not "executive Officers" as defined in Article 4.

If such action is deemed to be action, it shall be applied only to the bribery under the Criminal Act, and a specific offense according to the amount of the bribery.

It argues that Article 2 of the Act on the Aggravated Punishment, etc. of Crimes should not be aggravated.

However, the prosecutor assumes that the prosecutor is "the officer of the Korea Electric Power Corporation" against Defendant B and C.

Act on the Aggravated Punishment, etc. of Specific Crimes pursuant to Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes

(2) The executive officers and employees of a public corporation shall not be charged for the violation of the rate of conduct (Bribery) and shall not be charged for the violation of the rate of conduct; and

section 53 of the Act on the Management of Public Institutions deemed a public official in the application of this section.

Since the above defendants were prosecuted, the issue of whether they are officers of the Korea Electric Power Corporation

There is no relation with the facts charged.

A person subject to bribery subject to aggravated punishment pursuant to Article 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes

"Any person who commits an offense provided for in Article 129, 130 or 132 of the Criminal Act, which is a requirement for such offense,"

such status as a public official or equivalent to a public official under subsection (1) of this section.

Article 53 of the Act on the Management of Public Institutions (see, e.g., Supreme Court Decision 2008Do8864, Dec. 24, 2008);

public institution (public corporation, quasi-governmental institution, or any other public institution) shall apply the Criminal Code to bribery.

The above provision is deemed to be a public official in respect of January 19, 2007, and has been since the enactment of the above Act.

under section of this section, the officer, employee, etc. of a public corporation or quasi-governmental institution shall be a public official in light of the nature of the status.

Since the gold price requires high level of integrity and influence in the work, it is intended to guarantee this.

A public official is limited to the application of the bribery provision under the Criminal Act, regardless of its nature.

(See Supreme Court Decision 2014Do14166 Decided November 25, 2016). Specific crimes

Article 4 (1) of the Act on Aggravated Punishment, etc. is a "executive position of a government-managed enterprise" under Article 4 (1) of the same Act.

the scope of the application of the crime of bribery in respect of this section shall be extended to the public official.

section 53 of the Act on the Management of Public Institutions and its scope of application, provisions, etc. are different;

It is difficult to see that there is a violation of Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

(1) If a person has a status as a public official or equivalent to a public official under the Act and subordinate statutes, the

Defendant B and C do not exclude the officer of the Korea Electric Power Corporation, which is a public corporation.

Even if an employee is not a public official, bribery under the Criminal Code in accordance with Article 53 of the Act on the Management of Public Institutions

(1) The amount of the acceptance of bribe to the above Defendants is deemed to be a public official in the application of this Act, and the amount of the acceptance of bribe to the above Defendants is KRW 50 million

In this respect, it is against the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)

No disability exists. The above argument is rejected.)

1. Aggravation for concurrent crimes;

○ Defendant D: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

C Aggravation of concurrent crimes for the crime of offering of bribe to C

1. Discretionary mitigation;

○ Defendant B, C: Articles 53, 55(1)3 and 6 of the Criminal Code (the following grounds for sentencing)

favorable circumstances)

1. Detention in a workhouse;

○ Defendant A, B, and C: Articles 70(1) and 69(2) of each Criminal Act

1. Confiscation;

○ Defendant A: the first sentence of Article 134 of the Criminal Act

Judgment on whether the confiscation of Defendant B was made

The prosecutor shall hold 28,00,000, 520, 000, 000, and 000 shares among Seongbuk-gu Seoul apartment owned by the defendant

confiscation shall be sought.

According to the evidence duly adopted and examined by this Court, the defendant received from D

(2) An apartment purchase price of the above apartment shall be KRW 52,00,000,000,000,000 for a bribe of KRW 5,00,000;

It is recognized that he/she has appropriated as a father. According to this, the acquisition value of the above apartment owned by the defendant.

The share equivalent to the amount appropriated as the above bribe causes the transformation or proliferation of the so-called illegal profits.

since the property formed by the corporation constitutes "property derived from illegal profits", it constitutes "property arising from illegal profits", it shall be deemed to constitute a public official crime;

under section 3(1) and Article 4(2) of the Special Act on the Settlement of Traffic, Industry and Energy.

The decision is judged.

However, on the other hand, the following circumstances acknowledged by the above evidence, and the above apartment;

The ratio of illegal profits to the acquisition value is not more than 5%, and the lease to the apartment at present.

In case of forfeiture of the shares of the above apartment, the residence plan or the non-resident plan that may arise

Property considering the issue of return of deposit and the circumstances in which the defendant purchased the above apartment;

as it is not reasonable to confiscate the public official, the Act on Special Cases concerning Forfeiture of Public Officials' Offenses

The equivalent of the value (the value of KRW 28 million) shall not be forfeited pursuant to Articles 3(2) and 6(3) and not be equivalent to the value (the value of KRW 28 million).

shall be subject to collection.

1. Additional collection:

○ Defendant A and C: The latter part of Article 134 of each Criminal Code

* Basis for calculating the amount of additional collection against Defendant A: 18, 137, 011 - Amount of the accepted bribery

198,000 won (Confiscation)

○ Defendant B: Articles 6 and 3(2) of the Act on Special Cases concerning Confiscation of Public Officials’ Crimes

1. Order of provisional payment;

○ Defendant A, B, and C: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Defendant A

(a) Scope of applicable sentences under law: Imprisonment for one month to five years, fine of 36,274, 022 to 90, 685, and 055 won;

(b) Scope of recommendations based on the sentencing criteria (limited to imprisonment);

[Scope of Recommendation] Type 2 of Acceptance of Bribery (not less than one million won but less than three million won) basic area

(1 to 3 years)

【No Special Convicted Person】

(c) Determination of sentence;

The following circumstances, the age, character and conduct, the environment, the motive and circumstances of the crime, the method of the crime, and the crime;

the order taking into account the various sentencing conditions shown in the records and arguments, such as the circumstances after the commission;

The punishment shall be determined as such.

[Unfavorable Conditions] The Defendant may cause the team leader of the Korea Electric Power Corporation 000 local headquarters sales business office

from the time when the Korea Electric Power Corporation works to the recent 00 local headquarters 00 branch offices

Attention of illegal subcontracting from a high-related electrical construction business entity and in the course of performing construction works, various kinds of illegal subcontracting

In return for the provision of convenience, money and other valuables and entertainment regularly and repeatedly for a considerable period of 58 times in total;

The sum of the bribe received also reaches KRW 18,137,01. The crime of this case is subject to the application of bribery.

the Korea Electric Power Corporation's officers and employees deemed to be public officials in performing their duties; and

It damages the general trust of society, and in particular, the defendant's illegal act as a senior class of high-ranking position.

(1) has influenced the strict performance of the duties of a subordinate officer, which is so structural as to be done.

It seems that illegal subcontracting transactions have been promoted, and the responsibility for the crime is very heavy.

[The favorable circumstances] The defendant is merely a public official in the application of the crime of bribery and is actually a public official.

In addition, it leads to a confession of one's own crime and seriously reflects his or her mistake.

on February 3, 1986, Gohap had been employed for Korea Electric Power Corporation and has served in good faith for 33 years. Defendant has been employed for Korea Electric Power Corporation.

There is no record of any other crime except that sentenced twice to a fine due to the past traffic crimes.

2. Defendant B

(a) Scope of applicable sentences under law: Imprisonment for three years and six months to fifteen years, fines for 50,00, 000 to 125, 000, and 000 won;

(b) Scope of recommendations based on the sentencing criteria (limited to imprisonment);

[Scope of Recommendation] Basic Area of Acceptance of Bribe No. 4 (at least five million won but less than one hundred million won)

From 7 years to 7 years)

【No Special Convicted Person】

(c) Determination of sentence;

The following circumstances, the age, character and conduct, the environment, the motive and circumstances of the crime, the method of the crime, and the crime;

the order taking into account the various sentencing conditions shown in the records and arguments, such as the circumstances after the commission;

The punishment shall be determined as such.

[Unfavorable Conditions] The Defendant’s distribution to Korea Electric Power Corporation’s Electric Power Headquarters 000, Korea Electric Power Corporation’s Electric Power Distribution and Construction Division

The head of division shall teach the cash of KRW 5,000,000 from an electricity business operator with high business relevance while working as the director;

The Korea Electric Power Corporation's officers and employees deemed to be public officials in applying the bribery.

Not only damaged the fairness of performance of duties and the trust of the general public, but also the bribe.

In light of the scale of the amount received, the details of the delivery, etc., the liability for the crime is very inappropriate and the corresponding punishment is not possible.

§ 302.

[The favorable circumstances] The defendant is merely a public official in the application of the crime of bribery and is actually a public official.

In addition, it leads to a confession of one's own crime and seriously reflects his or her mistake.

Appellant has served on January 15, 1979 as Korea Electric Power Corporation and has served in good faith for 40 years. Defendant has served as Korea Electric Power Corporation.

There is no record of any other crime except that sentenced twice to a fine due to the past traffic crimes.

3. Defendant C

(a) Scope of applicable sentences under law: Imprisonment for three years and six months to fifteen years, fines for 59, 488, 916 to 148, 722, 290 won;

(b) Scope of recommendations based on the sentencing criteria (limited to imprisonment);

[Scope of Recommendation] Basic Field of 4 (not less than five million won but less than 100 million won)

From 7 years to 7 years)

【No Special Convicted Person】

(c) Determination of sentence;

The following circumstances, the age, character and conduct, the environment, the motive and circumstances of the crime, the method of the crime, and the crime;

the order taking into account the various sentencing conditions shown in the records and arguments, such as the circumstances after the commission;

The punishment shall be determined as such.

[Unfavorable Conditions] The Defendant is serving as the chief of the Korea Electric Power Corporation 000 Regional Headquarters 000.

for a considerable period of time from an electricity business operator with high business relevance, which shall be regularly and repeatedly

money, valuables, and entertainment. The aggregate of the bribe received by the defendant is KRW 59,488,916.

The crime of this case is deemed to be a public official in the application of the crime of bribery.

Korea Electric Power Corporation’s officers and employees’ fairness in performing their duties and their social trust.

Therefore, it is inevitable to punish the corresponding punishment because the responsibility for the crime is very vague.

[The favorable circumstances] The defendant is merely a public official in the application of the crime of bribery and is actually a public official.

In addition, it leads to a confession of one's own crime and seriously reflects his or her mistake.

Appellant has been employed on August 6, 1979 by Korea Electric Power Corporation and has been employed in good faith for 40 years. Defendant has been employed in Korea Electric Power Corporation.

There is no record of any other crime except that sentenced twice to a fine due to the past traffic crimes.

4. Defendant D.

(a) The scope of applicable sentences under law: Imprisonment with prison labor for a month to seven years and six months;

(b) Scope of recommendations based on the sentencing criteria;

【Extent of Recommendation】 Type 4 (At least 100 million won) Basic Area of Bribery (at least 100 million won)

【No Special Convicted Person】

(c) Determination of sentence;

The following circumstances, the age, character and conduct, the environment, the motive and circumstances of the crime, the method of the crime, and the crime;

the order taking into account the various sentencing conditions shown in the records and arguments, such as the circumstances after the commission;

The punishment shall be determined as such.

[Unfavorable Conditions] The Defendant’s illegal subcontracting of the electrical construction business ordered by the Korea Electric Power Corporation

in the course of performing construction works, with the intent to obtain various conveniences in the course of construction works.

The Republic of Korea shall grant a large amount of bribe to the employees of the National Power Corporation for a substantial and wide period of time.

The fairness of the work performed by the Corporation and the trust of the general public have been damaged. The defendant's public has been a public.

The total amount of the bribe in 127,625,927 shall not be less than 127,625,927,

(1) the corresponding punishment is inevitable.

[C] The Defendant made a confession to commit the instant crime, and made a serious reflect on the Defendant.

A person has no criminal records subject to punishment in excess of a fine.

Judges Park Jong-k, Counsel for judge

Judge Choi Dong-hun

Judges Noh Jeong-ho

1) Under Article 53 of the Act on the Management of Public Institutions, Defendant A, B, and C, who is an officer or employee of the Korea Electric Power Corporation, the entry of Articles 129 through 132 of the Criminal Act

shall be regarded as a public official in terms of use.

2) Article 3(1) of the Act on Special Cases Concerning the Confiscation of Public Officials’ Crimes provides that “illegal property shall be forfeited.” Article 4 of the same Act provides that “illegal property shall be forfeited.”

Where unlawful property should be forfeited pursuant to Article 3 (1) where it is combined with other property, illegal property and property other than illegal property shall be forfeited.

Among the combined property (hereinafter referred to as "combined property"), the portion corresponding to the ratio of illegal property shall be confiscated.

3) Article 3(2) of the Act on Special Cases Concerning the Confiscation of Public Officials Offenses (hereinafter “Special Cases Concerning the Confiscation of Public Officials’ Crimes”) provides that “property to be confiscated pursuant to paragraph(1) shall be the property

Where it is deemed improper to confiscate property as a result of taking into account the existence of rights of a person other than an offender and other circumstances.

Notwithstanding paragraph 1, no confiscation may be made. "Article 6 of the same Act provides that "no confiscation shall be made or the illegal property shall be forfeited"

In case of failure to confiscate pursuant to paragraph (2), the value of such failure shall be collected from the offender.

4) The minimum limit of the range of sentence shall be reduced by 1/3 in the event that any one-stage increase is made as a result of the addition of the same class of competition.

A person shall be appointed.