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(영문) 서울중앙지방법원 2012.05.25 2011고합1078
뇌물수수
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three million won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

The Defendant is a person who served as a principal of E elementary school who is a public school from March 2006 to February 2, 2009 and has overall control over school administration.

around September 2006, the Defendant received KRW 500,000,000 from the above H each month for the following reasons: (a) around June 2006, the case that the E Elementary School entered into a contract for the supply/operation of private school computers with the G (State) and (b) for various convenience related to the operation of private elementary school computer classrooms in the future (State), and (c) the Defendant received KRW 500,000,000 from the head of the northwest Office of School Education to February 2009, after being provided KRW 50,000 per month from the above H to February 2009.

Accordingly, the defendant accepted a bribe in relation to his duties.

Summary of Evidence

1. Statement made by a witness H in the second trial records;

1. Investigation report (Reporting accompanied by data submitted at the early stage (any contract for the dissemination and operation of computers, etc.));

1. One copy of the public announcement of the standards for proposing the operation of private participatory computer classrooms (2006), one copy of the contract for the dissemination/operation of private participatory computer classrooms (2006), one copy of the report of the results of the evaluation of the business selection of private participatory computer classrooms (2006), one copy of the public announcement of the selection of private participatory computer classrooms (2008), one copy of the plan for the selection of private participatory computer classrooms (2008), one copy of the plan for the selection of private participatory computer classrooms, and one copy of the contract for the dissemination/operation of private participatory computer classrooms (2009);

1. A copy of the summary order issued by the Seoul Central District Court (201 High Court Decision 23609) Act and subordinate statutes;

1. Article 129 (1) of the Criminal Act applicable to the relevant criminal facts and Article 129 (1) of the choice of punishment (generally, choice of imprisonment);

1. Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (with respect to a bribe received respectively on or around January 2009 and around February 2009) concurrently with a fine;

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution ( considered in favor of the reasons for sentencing in the rear); and

1. The latter part of Article 134 of the Criminal Act; and

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