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Defendant
A Imprisonment with prison labor of three years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
A served as the head of the functional division of the D Union in Gyeonggi-si from October 1, 2009 to November 13, 2018, and from March 2014 to August 2014, A was in charge of the purchase, sale, supply, management, selection, etc. of fishery products while serving as the head of the fishery products team in E from March 1, 2014 to August 2014.
Defendant
B is a person who operates the LAF in the Namyang-si, and from 2009, fishery products have been supplied to the above E.
1. On March 5, 2014, Defendant A received KRW 169,660,000 from B in total from August 10, 2018 by withdrawing KRW 3,60,000 deposited in the account connected with the said check and using it for convenience, such as the maintenance and increase of the supply volume of the F in the above E, and continuous supply extension contract, etc., and Defendant A received money from B by withdrawing KRW 3,60,000 from the account in the name of B in the name of convenience.
Accordingly, the Defendant received money and valuables in relation to his duties as an officer or employee of a financial company.
2. Defendant B, from March 5, 2014 to August 10, 2018, delivered KRW 169,660,000 to A total amount of KRW 169,60,00, as described in paragraph (1), and provided money and valuables concerning the duties of executive officers and employees of financial companies, etc.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement of H;
1. Application of Acts and subordinate statutes of a certificate of employment, E-self-contract case, each specification of transactions (A, G, B), I message pictures, message dialogues, and trade specifications;
1. Article 5(4)1 and Article 5(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Selection of Imprisonment with Labor) and Article 5(5) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Concurrent Imposition of Necessary fines): Defendant B, Articles 6(1) and 5 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Selection of Imprisonment with Labor).