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(영문) 서울고등법원 2013.05.10 2012노4262
뇌물공여등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

80,133,600 won shall be additionally collected from the defendant.

Reasons

1. The lower court’s sentencing (one year and six months of imprisonment, three years of suspended execution, social service hours, 160 hours, and 80,133,60 won) against the Defendant in the summary of the grounds for appeal is unreasonable as it is too unfasible.

2. The judgment of the defendant is a favorable circumstance for the defendant to the effect that the defendant made a confession of all of the crimes of this case and repents his mistake in depth, that there is no record of criminal punishment except for the crime of violation of the Road Traffic Act, and that his/her father and his/her father and his/her father and other family members undergo a series of operations, which led to economic difficulties.

However, the Defendant received money of approximately KRW 76 million from G, a seed importer, to arrange matters pertaining to public officials' duties, and received money of KRW 80 million in total under the pretext of arranging affairs handled by the President of the RS who is deemed a public official, and granted a bribe of KRW 2 million to public officials of the Busan Plant Quarantine Station under the Ministry for Food, Agriculture, Forestry and Fisheries.

Money received under the pretext of mediation by the defendant is not only a long-term period, but also a large amount of money.

In addition, the Defendant, as the representative director of E, was in a position to actively endeavor to develop Korean agriculture by collecting farming information and providing the farmers with such information, but did not play such a role, received large amounts of money by using it in the process of entering the Ministry for Food, Agriculture, Forestry and Fisheries, etc., and received large amount of money by requesting it to obtain a dredging business right of the reservoir by requesting it to the effect that there is a relationship with the R president who is deemed a public official.

The above crimes committed by the Defendant are typical corruption crimes that deepen the economic inequality following the imbalance of information in our society and disrupt the sound economic order.

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