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(영문) 인천지방법원 2016.09.22 2016고합190
특정범죄가중처벌등에관한법률위반(뇌물)
Text

A defendant shall be punished by imprisonment with prison labor for three years and by a fine of 50 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant served from July 19, 2010 to February 22, 2012 as H under the control of the customs investigation authority of the Incheon Headquarters, and performed a duty to analyze, select, and inspect the information on container cargoes entering Incheon Port and to comprehensively manage and supervise the business of detecting illegal smuggling.

The Defendant received a request for customs convenience from the representative J of Corporation I (hereinafter referred to as “I”) that operated Boh Warehouse and World trading companies, such as requesting from China to not designate illegal smuggling-in cargo, such as ‘scoon' imported through the Incheon Port, as the cargo subject to management. In response, in August 2010, the Defendant was an adviser of the said company at the “L” restaurant located in Seocho-gu Seoul Metropolitan City, Seocho-gu, for the convenience of customs clearance, such as requesting the designation of the cargo subject to management.

M through M, KRW 3 million in cash, KRW 20 million in cash in the above vehicle parked in the Gu office of the Defendant located in the Nam-gu Incheon Metropolitan City N around November 2010, and KRW 20 million in cash in the above vehicle parked in the Gu office of the Defendant located in the Gu office of the Nam-gu, Incheon, and KRW 20 million in cash in January 2012.

In the end, the Defendant received 43 million won as a bribe in relation to his duties.

Summary of Evidence

1. Each legal statement of the witness J, P, M, and Q;

1. Statement of each part of the protocol concerning the interrogation of the accused by the prosecution (including the part concerning the J's statement);

1. Statement made by each prosecutor to the prosecution against R (name of J), Q, P, and M;

1. Each investigation report (verification by the Work Department of the Republic of Korea Customs Service, attachment of printed materials, such as Internet articles, etc., confirmation of personal records of the former customs officer M, etc. introduced by the informant A, attachment of the organization of the Incheon Customs Headquarters Customs Organization, S and division of duties, confirmation of telephone conversations between the suspect A and the informant J, confirmation of telephone conversations between the suspect A and the former tax official M, hearing of the informant's telephone statements related to the suspect A Man-Nam-nam, after arrest of the informant, and visiting the attorney's office.

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