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(영문) 광주지방법원 목포지원 2017.02.13 2016고단1662
뇌물공여의사표시
Text

Defendant

A and C shall be punished by imprisonment with prison labor for up to five million won, and by imprisonment with prison labor for up to four months.

Defendant

A and C shall be subject to each of the above penalties.

Reasons

Punishment of the crime

Defendant

C is the local fire-fighting order belonging to G, and Defendants A and B are the local fire-fighting officers belonging to each G, and the Defendants are the persons subject to promotion review scheduled around July 2015, and H are those who have overall control over personnel affairs, such as service evaluation, promotion, etc., of the local fire-fighting officials belonging to G while serving as I.

1. On August 4, 2014, Defendant A requested the security guards under the name of the above apartment to “defluence to H” under the pretext of the assessment of work and solicitation for promotional personnel in the guard room of the K apartment in the private sector of H, which is located in J on August 4, 2014, the Defendant expressed the intention of offering a bribe in relation to the public official’s duties by holding the above security guards under the name of “defluence to H,” who do not know of the circumstances, and by holding the above security guards under the name of KRW 2 million in cash.

2. On December 10, 2014, Defendant B: (a) around 15:00 L 20 L 20 L 1’s office, the Defendant placed an envelope containing KRW 5 million in cash on the H’s office book on the pretext of the evaluation of work performance and solicitation related to promotional personnel affairs; and (b) expressed his/her intent to accept a bribe in relation to his/her duties.

3. On January 3, 2015, the Defendant: (a) placed in the parking lot of H’s private apartment apartment site located in J on January 3, 2015, the Defendant expressed his intent to accept a bribe in relation to the duties of the public official, on the basis of the assessment of duties and solicitation related to promotional personnel, with approximately KRW 100,000,000,000,000,000,000,000 in the market value, at the same time, on the top of the first official car stopped at that place; and (b) expressed his intent to accept a bribe in relation to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by prosecution against M;

1. The application of each fire officer's personnel record card, internal investigation report (verification of whether a person is subject to examination for promotion of a suspected person), and investigation report (in response to the execution of an account warrant) Acts and subordinate statutes;

1. Articles 133(1), 129 of the Criminal Act, and Article 129 of the Criminal Act, and Article 133(1), and Article 129 of the Act, and Article 13 of the Act, and Article 13 of the Act, respectively,

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