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(영문) 인천지방법원 2012.07.19 2012고합56
뇌물수수
Text

A defendant shall be punished by imprisonment for a term of five years and a fine of fifty million won.

If the defendant does not pay the above fine, 50,000.

Reasons

Punishment of the crime

[2012 Gohap56] The Defendant is a technical officer affiliated with the Complex Technology Examination Team of the Korean Intellectual Property Office.

From June 2010 to August 201, the Defendant was commissioned as a member of the Korea Environment Corporation design deliberation subcommittee, and the Korea Environment Corporation ordered the projects and conducted the design and construction package deal projects, and evaluated the design drawings of the participating enterprises as a member of the design deliberation committee in various projects including the following projects:

1. On February 22, 2011, at the vicinity of the entrance of a apartment located in Daejeon, at around 23:00 to 24:00, the Defendant received a bribe with the Defendant’s receipt of KRW 500,000,000 from the Chairman F of the Business Group E (hereinafter “E”) to the effect that the Defendant was aware of the Defendant’s appointment as a member of the Design Advisory Committee in the “D Installation Project” ordered by the Korea Environment Corporation.

[2012 Gohap257]

2. On January 7, 2011, the Defendant received a bribe of KRW 20 million in cash from the head of the environmental headquarters of H Co., Ltd. (hereinafter “H”) at the playground in Gangnam-gu Seoul G Apartment 6 complex, and from the Korea Environment Corporation ordering the Korea Environment Corporation to deliberate on the “J installation project” in which H consortiums et al. participated in the tender.

Summary of Evidence

【Criminal Facts of Paragraph 1 at the Time of Sales】

1. The defendant's partial statement, and the witness F's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's protocol of statement concerning F, K, and L (the crime of paragraph (2) at the time of making a statement);

1. Defendant's legal statement;

1. Part I of the suspect examination protocol of the defendant by the prosecution (two times)

1. Application of Acts and subordinate statutes on I and M of the prosecutor's statement by prosecution;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 129 (1) of the Criminal Act (the punishment of imprisonment shall be chosen, but the punishment shall be concurrently imposed pursuant to Article 2 (2) of the Act on the Aggravated Punishment, etc.

1. Concurrent Crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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