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(영문) 인천지방법원 2012.06.14 2012고합296
뇌물수수
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From May 2010 to December 2, 2011, the Defendant, as a professor of the Korean University D, was commissioned as a review member of the division E in the Korea Environment Corporation Design Advisory Committee, and was ordered by the Korea Environment Corporation as a review member of the various design and package deal project construction works (one-one-one-one-one bid work) (one-one-one-one-one bid work).

On November 16, 2010, the Defendant was selected as a review member of the Design Advisory Committee E division in the Design Advisory Committee of the “F” corporation ordered by the said Corporation at the meeting room of the Water Environment Center located in the Seo-gu Incheon Seo-gu General Environmental Research Complex, Seo-gu, Incheon. On December 16, 2010, the Defendant examined the design documents submitted by G Co., Ltd. and Han-gu Co., Ltd., Ltd., which participated in the tender on December 1, 2010.

On November 19, 2010, the Defendant received KRW 50,000,000,000 in cash from G Co., Ltd.’s Department of Commerce at the “I” page located in Seocho-gu Seoul Metropolitan Government H to give good scores to G Co., Ltd. at the time of design evaluation of the said construction work, upon receipt of a request from G Co., Ltd. to the effect that it would give good scores to G Co., Ltd.

Accordingly, the defendant accepted a bribe in relation to the duties of the Korea Environment Corporation Deliberation Committee member, which is deemed a public official.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the prosecutor's statement to J;

1. Relevant Article 129(1) of the Criminal Act and the choice of punishment for the crime: Article 45 subparagraph 2 of the Construction Technology Management Act and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Discretionary mitigation: Articles 53 and 55 (1) 3 and 6 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Collection: The reason for sentencing under the latter part of Article 134 of the Criminal Act [decision of type], and type 2 (not less than 10 million won but less than 30 million won) of the bribery.

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