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(영문) 부산지방법원 2006. 7. 7. 선고 2006고합159 판결
[특정범죄가중처벌등에관한법률위반(뇌물)][미간행]
Escopics

Defendant

Prosecutor

St. L. L. L.S.

Defense Counsel

Attorney Kim Young-chul

Text

1. The defendant shall be punished by imprisonment for five years;

2. 95 days under confinement before this judgment is pronounced shall be included in the above sentence;

Criminal facts

From February 19, 2003 to August 31, 2005, the Defendant is a tax official in charge of the investigation of individual property tax in the Busan Regional Tax Office (name omitted);

On May 24, 2005, around 14:00, at 400, 1400, 1408-5, Maraman hotel in Busan, Daegu, Busan, the 1408-5, Maraman hotel, and Nonindicted Party 1 received from the deceased Nonindicted Party 3 a bribe in relation to his duties, with respect to the tax investigation on interest income received from the deceased Nonindicted Party 1, the tax investigation is completed without additional investigation on the details of other financial transactions, as it acknowledges all the results of the investigation and prepares a confirmation document, and the deposit of interest was made in the name of Nonindicted Party 3, and the deposit of interest was made in the name of Nonindicted Party 3, and received one bank containing KRW 100,000,000 in cash and received the bribe in relation to his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the legal statement of Nonindicted 2

1. Each statement of the suspect interrogation protocol of each prosecution against the accused;

1. Each statement made by each prosecutor of the suspect interrogation protocol against Nonindicted 1 and 2

1. Each description of a report on investigation (in the face of 1352), a copy of the books of business trip management book, etc.;

1. Each statement made by the police on Nonindicted 4, 5, 6, and 7

1. Statement of Nonindicted 8’s particulars

1. Descriptions and images of criminal intelligence, each investigation report (Evidence No. 83, 233, 812 of the evidence records), results of a tax investigation, public notice of decision-making resolution, official document of notification of decision-making resolution, photographs and intensity of the scene of the crime, daily investigation report, daily investigation report, and report on completion of investigation;

1. Each entry in the statement of the use of Non-Indicted. 9 Co. 9 Co., Ltd. (Evidence No. 102 of the Record), account trading (Evidence No. 128 through 131 of the Record), Busan Bank's money sheet (Evidence No. 149 through 150 of the Record), global income tax and other copies of the receipt (Evidence No. 257 through 261 of the record), Non-Indicted. 1's statement of payment notice and receipt (Evidence No. 845 through 875 of the record), non-Indicted. 1's statement of borrowing and repayment (Evidence No. 1136 through 1140 of the record), non-Indicted. 9's money sheet, cashier's checks, and copy, etc. of the deposit slip (Evidence No. 1142 through 1144 of the record), copy of the deposit slip (Evidence No. 1145 through 1154 of the record).

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the defendant was the first offender and is in depth and has returned money received as a bribe)

1. Calculation of days of detention;

Article 57 of the Criminal Act

Judges Choi Sung-sung (Presiding Judge) (Presiding Judge)

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