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(영문) 수원지방법원 2012.12.14 2012고합543 (1)
특정범죄가중처벌등에관한법률위반(뇌물)
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is a person who was sentenced by the Seoul Central District Court on June 8, 2007 to imprisonment of one year and six months with prison labor for fraud, etc. on March 19, 2008 and the execution of the sentence is terminated on February 23, 2012. On April 20, 2012, the court was sentenced to one year of imprisonment with prison labor for fraud, etc. and the judgment became final and conclusive on April 20, 2012. Defendant B was sentenced to one year of imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Seoul Central District Court on April 12, 2007 and completed the execution of the sentence on November 7, 2007.

Defendant

A is a person who operates the business chain F in the business of producing and selling adult amusement equipment in Seocho-gu Seoul Metropolitan Government, and Defendant B is a person who has overall control over the business as the secretary general of the above F.

The Defendants filed an application for the rating classification of G game products in the name of the said F with the Game Rating Board. However, when a decision to refuse the rating classification was made several times, the Defendants given bribe to I, who is an employee of the Game Rating Board H team of the Game Products Rating Board, and continued to be able to receive a bribe to the above I for the convenience of deliberation on the game products that can substitute the G game products in selling and regulating, and Defendant A, the owner of the said F, who was a public official of Seoul, instructed Defendant B, who was the owner of the said F, to offer a bribe to the above I, and the Defendant B consented thereto.

According to the above plan, Defendant B made the above solicitation to I at each date, time, and place indicated in the annexed list of crimes, and delivered cash of KRW 65 million and two boxes, namely, public diagnosis of KRW 2 million, five times in the name of the honorariums.

As a result, the Defendants conspired to give a bribe in relation to the duties of public officials.

2. Defendants’ assertion and summary of I’s statement

A. The Defendants stated that I provided money and valuables worth KRW 67 million in total to I as a bribe at the date and at the place of the attached list of crimes, five times in total, and confessions all the facts charged.

B. On the other hand, however,

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