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(영문) 의정부지방법원 2020.10.22 2020고합280
부정청탁및금품등수수의금지에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 24, 1990, the Defendant was appointed as the Grade B Prosecutor of Seoul District Public Prosecutor's Office; around May 8, 200; and around May 1, 2006, the Defendant promoted to the Grade B prosecutor's office; and thereafter, from November 24, 2015 to July 30, 2017, the Defendant served as the Grade C and took charge of duties related to the commission of the delivery of documents.

No public official, etc. shall receive, request or promise any money or goods exceeding one million won at one time from the same person, regardless of whether he/she is related to his/her duties, and the name thereof, such as donation, support, donation, etc.

Nevertheless, on December 2016, the Defendant was accused of the case in front of a cafeteria in the mutual unclaimed restaurant located in the high-Eup Myeon-dong at the end of the Gyeonggi-si, and from D, the Defendant was issued KRW 2 million in cash from D, i.e., at the seat of the case, after considering the progress of the case.

As a public official, the Defendant received money exceeding one million won at one time as a public official.

Summary of Evidence

1. A criminal investigation report (a civil petitioner call content, D, and the name of a public official of the prosecution that a public official of the prosecution introduced an attorney-at-law and gave money to police officers in need of learning) of the defendant's legal statement, one copy of the call details sent by A to D, one copy of the call details sent by A to A, one copy of the account details sent by A, one copy of the account details sent by E Bank on March 31, 2017, one copy of the A mobile phone call details on March 31, 2017, and the application of a public official identification statute;

1. Article 22 (1) 1 and Article 8 (1) of the Act on the Prohibition of Improper Solicitations and Acceptance of Money, Goods, etc. for Criminal Facts and Related Acts;

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

1. The proviso to Article 22 (4) of the Improper Solicitation and Graft Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;

2. The sentencing criteria shall be based on; and

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