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(영문) 서울남부지방법원 2016.02.17 2014고합527
뇌물수수등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

E assumed office as the president of the F Cooperative on March 21, 2006 (hereinafter referred to as the “F Cooperative”) and worked as the president of the Cooperative on March 19, 2010 and thereafter, is a person in charge of overall affairs of the Cooperative, such as personnel affairs and credit business, while working as the president of the Cooperative. Defendant A is a person working as the F Cooperative from March 1995 to December 201, and Defendant B is a person who operates the F Cooperative G as a member of the F Cooperative.

1. On November 201, 2010, Defendant A granted a bribe in relation to E’s duties by delivering KRW 5 million in cash to E on the pretext of a solicitation to exchange the Defendant’s mother, parked in front of the E’s residence in Gangseo-gu Seoul Metropolitan Government, to E, within the K cooperation specialist, and offered a bribe in relation to E’s duties.

2. On December 201, 201, Defendant B offered a bribe to E in relation to his duties by granting KRW 3 million for the gift certificates for department stores to E, on the pretext of solicitation to employ children to E as a contract position in the taxi located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul. The Defendant offered a bribe to E in relation to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. The first written protocol concerning E concerning the examination of suspects by the prosecution;

1. Statement made to the prosecution by the prosecution against I and J;

1. Requests for convening a general meeting to decide disciplinary actions against the president of an association, the application of a letter A, B name certificate, and the application of Acts and subordinate statutes governing joints;

1. Article 133(1) and Article 129(1) of the Criminal Act regarding the relevant criminal facts; Article 4(1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 2 subparag. 48 and Article 3 subparag. 2 of the former Enforcement Decree of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Presidential Decree No. 23363, Dec. 13, 201);

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

1. As to the issuance of a bribe in favor of the head of KK Cooperative, which is deemed a public official on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the Criminal Procedure Act requires the head of KK Cooperative to employ him/her or her and deliver him/her a bribe.

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