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(영문) 광주지방법원 2017.02.15 2017고단68
알선뇌물수수
Text

The punishment of the accused shall be determined by a year of imprisonment with prison labor and a fine of 40 million won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Since the Defendant was elected as C Do Council member through a six-time local election on July 2010, the Defendant continued to be elected as C Do Council member and served as C Council member.

Around January 7, 2014, the Defendant had been granted KRW 12 million in cash from January 5, 2012 to February 5, 2016, and received KRW 19,400,000 from the above F to the Do Council members office of the Defendant’s Do Council members (hereinafter “E”) to enable E to exercise influence over public officials belonging to G to receive orders in connection with the public official’s accommodation project project, which is carried out as a special grant allocated to the Defendant, and even in the future, the case was that the Do council members, who received KRW 19,40,000 from the above F to the above F, received a bribe in relation to the arrangement of other public officials’ duties by taking advantage of their status.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement made to the F (one time, two times, four times), H, I, J, and K in relation to each prosecutor's office;

1. Investigation report (to examine the details of projects awarded by the E and the relation between the amount received by the person under consideration);

1. An investigation report (Attachment to a standard contract for construction works);

1. Application of a copy of each Act and subordinate statutes;

1. Relevant Article 132 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes concurrently with a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 134 of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act against a fine;

1. The sentencing criteria are not set;

2. Determination of sentence: Imprisonment with prison labor for one year and a fine of 40 million won, the following circumstances, and the age, sex, environment, circumstances of crimes, and crimes of the accused.

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