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(영문) 광주지방법원 2017.07.07 2017고합54
특정범죄가중처벌등에관한법률위반(뇌물)
Text

A defendant shall be punished by imprisonment for a term of four years and a fine of sixty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Status of the Defendant and F, and G] The Defendant is a person who served as the National Tax Service of Gwangju Regional Office H from January 9, 2015, and was promoted to I on June 26, 2016 while exercising overall control over duties concerning the investigation and management of personal business, and served as K in the Gwangju Regional Tax Service from December 26, 2016 to January 8, 2017.

F is a person who actually operates M Co., Ltd. for the purpose of wholesale and retail of medicine L in Gwangju Mine-gu with N (Chairperson), P (Standing Director) and P (President).

G is a person who has operated the R hospital in Gwangju Northern-gu Q and the T hospital in Gwangju Seo-gu.

[2] On December 28, 2016, around 18:30 on December 28, 2016, the Defendant received cash of KRW 30 million from F, G, for the purpose of providing convenience in relation to taxation, such as filing a revised comprehensive income tax return, name of lawsuit, request for correction, audit process, etc. from R Hospital and T Hospital, from F, G, and delivery of KRW 43 million in total from September 28, 2016 to December 28, 2016, as shown in the list of crimes in the attached Table.

Accordingly, the defendant accepted a bribe of KRW 43 million in relation to his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police in relation to V, W, X;

1. Each investigation report (including attached documents Nos. 17, 20, 24, 25, and 25 of the evidence list);

1. A survey report on actual conditions;

1. Each protocol of seizure;

1. Cd (No. 5 in the list of evidence);

1. Application of Acts and subordinate statutes to one coupon (a copy of multiple copies)

1. Article 2 (1) 3 and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 129 (1) of the Criminal Act (generally, referring to the punishment of fines) concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Collection;

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