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(영문) 인천지방법원 2012.06.21 2012고합315
뇌물수수
Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of twenty million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, while serving as E University Art Design University, Environmental Design University, and Design Major professor, was commissioned from May 201 to December 201 as a member of the Korea Environment Corporation Design Deliberation Committee, and was appointed as a member of the Design Advisory Committee in various design and design package projects ordered by the Korea Environment Corporation, he was in charge of evaluating the design documents submitted by each company participating in the bidding.

On February 2, 2011, the Defendant received KRW 20 million in cash on the Defendant’s book to the effect that “H is well-known at the time of a design examination” by the Defendant’s professor room at the E University International Camps Art Design University located in Yong-si, Young-si, and that the Defendant visited the Defendant’s Professor (hereinafter “H”) who participated in the tender of “G Corporation” (hereinafter “H”) ordered by the Korea Environment Corporation, among January 201, the Defendant visited the Defendant’s Professor on the Defendant’s book to the effect that “H is well-known at the time of a design examination,” but did not return it.

As a result, the defendant received a bribe in relation to the design examination duties of the Korea Environment Corporation ordering construction as a public official.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act on the Legal Statement of Witness I;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 129 (1) of the Criminal Act, subparagraph 2 of Article 45 and Article 5-2 of the Construction Technology Management Act (Selection of Imprisonment but a fine shall be concurrently imposed under Article 2 (2) of the Act on the Aggravated Punishment, etc

1. Discretionary mitigation: Articles 53 and 55 (1) 3 and 6 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Additional collection: The reason for sentencing of the latter part of Article 134 of the Criminal Act (the cash amount of KRW 20 million seized by I cannot be confiscated as a bribe because the part that was delivered as a bribe is mixed with the part that was not, and thus, the entire part cannot be confiscated as a bribe) [the decision of a type] of bribe crime. The type 2 of the bribe acceptance of bribe (the amount of KRW 10 million more than KRW 30 million more than KRW 30 million).

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