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(영문) 대구지방법원 서부지원 2014.02.18 2013고단1516
제3자뇌물취득
Text

Defendants shall be punished by a fine of KRW 10,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. Defendant A’s status relationship with the Defendants is a person who works as a staff member in charge of D personnel affairs from April 10, 2013 to July 2013, and was in charge of the overall process of hiring new staff members, and Defendant B is a person who was in charge of the overall process of employing new staff members, and Defendant B is a person who was in charge of employment of new staff member.

2. Criminal facts;

A. On June 4, 2013, Defendant A (acquisition of a third party) received a request from friendly B to employ a new staff member D from friendly B at a restaurant where the name located in the Dong-dong, Dongjak-gu Seoul Metropolitan Government is unknown, and consulted with B to give money and valuables to high-ranking public officials, such as EF research officers, etc., who are on dispatch for D opening, who may affect the employment of B, and to request the employment. On June 17, 2013, Defendant A received KRW 20 million from B to the Defendant’s Daegu bank account with knowledge that the said F, etc. was to provide money as a bribe.

B. Around June 4, 2013, Defendant B (Delivery of Third Party Bribe) requested that the name of the Dongjak-gu Seoul Metropolitan Government Party A be employed as a kind of new employee D in a restaurant where the name of the party branch of Dongjak-gu could not be known, and through A, the Defendant agreed to give money and valuables to senior public officials, such as the above F Researcher, and to recommend employment, and then delivered KRW 20 million to the Daegu bank account of A for the purpose of providing the said F as a bribe to the said F, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. A protocol concerning the police investigation of suspect with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a trading statement);

1. Article 133 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Determination of each of the selective fines for punishment, Defendant A does not have any other penal power than sentenced to a fine once, Defendant B is an initial offender, Defendant B’s money issued by Defendant B to Defendant A is not delivered to public officials, etc., Defendant A’s choice of imprisonment is unfavorable to his status.

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