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(영문) 수원지방법원 여주지원 2019.09.20 2019고단779
부정청탁및금품등수수의금지에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a public official working as the head of the sewage facility team from September 1, 2017 to the Grade 6 local facility owner who belongs to the sewage facility department B, and C (Suspension of Prosecution on the same day) is a director of the company D who manufactures the mooring control equipment used in the sewage treatment plant.

No public official, etc. shall receive money, goods, etc. exceeding one million won per time or three million won per fiscal year from the same person, regardless of whether he/she is related to his/her duties, and of the pretext thereof, such as donation, support, donation, etc.

Nevertheless, around October 13, 2017, the Defendant: (a) caused C to remit KRW 2 million to an enterprise bank account (F) in the name of E, and (b) caused C to remit the alcohol value of KRW 2.5 million in the same manner as around January 30, 2018; and (c) received property benefits equivalent to that amount by cause C to remit the alcohol value of KRW 2.5 million in the same manner.

As a result, the Defendant received money exceeding one million won at one time through two times from C.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for investigation;

1. Each statement of C and G;

1. Details of the transactions of entry and withdrawal (the amount of KRW 2 million, October 13, 2017);

1. Inspection of the results of transfer management (on January 30, 2018, 2.5 million won);

1. Application of Acts and subordinate statutes to a detailed statement of transactions of entry and withdrawal (related to return of KRW 4.5 million, Jan. 30, 2019);

1. Article 22 (1) 1 and Article 8 (1) of the Act on the Prohibition of Illegal Solicitation and Grafts and Acceptance of Money, Goods, etc. concerning criminal facts, selection of fines, etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that money and valuables have been received from C in connection with the grounds for sentencing under the proviso of Article 22(4) of the Improper Solicitation and Graft Act, and the size, frequency, etc. of the money and valuables received shall be considered disadvantageously;

However, it shall be considered in favor of the favorable circumstances, such as the fact that the City is dead and reflect, the fact that all of the above money and valuables have been returned to C, and the first offender.

The defendant's age, character and behavior, environment, support and family relationship, and family relationship.

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