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집행유예
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(영문) 창원지방법원 진주지원 2005. 10. 11. 선고 2005고단836 판결
[부패방지법위반][미간행]
Escopics

Defendant

Prosecutor

Kim Jong-il

Defense Counsel

Attorney Park Jong-chul

Text

A defendant shall be punished by imprisonment for one year.

The thirty-three days of detention prior to the rendering of this judgment shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for four years from the date this judgment became final.

The defendant shall be ordered to provide community service for 150 hours.

20,000,000 won shall be additionally collected from the defendant.

Criminal facts

The Defendant, as a member of the Busan Cheong-gun Association, had been in office at the Busan Cheong-gun Association (name omitted) from July 10, 202 to July 9, 2004. On September 2002, the Defendant: (a) made an application to the Central Cheong-gun Headquarters for the budget necessary for the installation of banks and the compensation for land to be transferred to the area (including the Gyeong-gun, Gyeong-gun, Gyeong-gun, and the Gyeong-gun, the area of the river located in the area of the Defendant’s constituency; (b) made a request for the construction of the mountain Cheong-gun to the Central Cheong-gun Association through the Central Cheong-gun Disaster Countermeasures Headquarters; (c) made a request for the construction of the mountain Cheong-gun, the area of the river Cheong-gun, the construction of the mountain Cheong-gun, the area of which was habitually omitted; (d) made the construction of the mountain Cheong-gun, the budget of which was omitted; and (d) made an early notification of the construction of the mountain Cheong-gun.

The case holding that around November 202, 200, the defendant's private office located in the 0th Y, 30, 100, 000, 175,000, 200, 30,000,000 won for the above (the above (the No. 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00,00,00,00,00,00).

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. The prosecutor’s statement concerning Nonindicted 3

1. Each police protocol on Nonindicted 4, Nonindicted 6, Nonindicted 7, Nonindicted 8, Nonindicted 1, Nonindicted 2, Nonindicted 9, Nonindicted 10, Nonindicted 11, Nonindicted 12, and Nonindicted 13

1. A certified copy of the real estate register (not more than eight pages of investigation records);

1. A copy of a real estate sales contract (a copy of investigation record No. 124);

1. A copy of the list of transactions of self-reliance deposits in Nonindicted 5 (not more than 22 pages of investigation records);

1. Reporting on the results of tracking cashier's checks (not more than 308 pages of investigation records);

1. Report on the result of execution of a warrant for search, seizure, and verification (the investigative record No. 430 pages);

1. Report on the attachment of minutes of the Special Committee on Audit of Administrative Affairs by the Mountain Forces Association (No. 50 pages of investigation records);

1. Attachment of relevant documents, such as a written resolution on expenditure (not more than 1041 pages of investigation records);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 50 (1) of the Prevention of Corruption Act (Appointment of Imprisonment)

1. Calculation of days of detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social services;

Article 62-2 (1) of the Criminal Act

1. Ratification;

Article 50(3) of the Prevention of Corruption Act (Article 50(3) of the Prevention of Corruption Act provides that a person who commits a crime under paragraph (1) may confiscate or collect property or property benefits acquired from a crime under paragraph (1). In this context, profits acquired from a crime under paragraph (1) of this Article are deprived of a public official’s gains acquired through an unlawful method using a secret he/she acquired in the course of performing his/her duties, including not only the profits acquired by using a secret he/she acquired in the course of performing his/her duties, but also profits acquired by allowing a third party to acquire property benefits and received property benefits from a third party in return. Accordingly, it is reasonable to interpret that the defendant's purchase of answer to the answer that he/she has become aware of while holding office as a member of the National Assembly of the Republic of Korea, by informing Nonindicted 3 of the confidential information related to compensation, thereby having him/her obtain an unfair market price of about KRW 85 million, and thus, it constitutes property gains from the defendant 200,000.

Reasons for sentencing

It is reasonable to strictly punish the defendant as being detained for about 33 days due to poor quality of the crime, because he/she received a considerable amount of 85 million won in return for providing that he/she should be informed of his/her confidential information known to him/her in the course of performing his/her duties, so that he/she may purchase the planned land, and that he/she shall obtain approximately 85 million won in return for such provision. However, he/she has been detained for about 33 days, and most of the facts about the crime have been recognized after detention, and his/her mistake is uncomparably divided and contradictory; illegally acquired profits 20 million won in addition to those subject to the above collection, he/she additionally donated 20 million won to a social welfare foundation for which he/she has been punished for his/her previous offense since 1979, but he/she shall be sentenced to a fine of 4 million won in addition to those who have been sentenced to punishment for his/her own acts for a considerable period of time, and shall not be sentenced to imprisonment with labor for a more than one-year period (one-year period of his/her own action).

Judges Transferho

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