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(영문) 부산지방법원 2016.12.23 2016고합697
특정범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was appointed as an assistant public prosecutor of the prosecution on October 1, 1991 and was promoted to the prosecution officer on June 15, 2015 and served at the I District Public Prosecutor's Office in Seoul H from that time.

On December 14, 2015, the Defendant received the request from D to the effect that “The above-mentioned cases under investigation from the Busan District Prosecutors’ Office are to be well handled,” from D, which had been investigated as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Busan District Prosecutors’ Office, and said D to the effect that “I would request the public prosecutor who is in charge of the above case to pay for the expenses so that the above case can be properly handled,” and that “I would like to request the public prosecutor who is in charge of the above case to pay for the expenses so that I would be well handled.” On or around December 14, 2015, the Defendant received KRW 20 million in cash from D through J in the street of the I Prosecutors’ Office, and around January 8, 2016, received KRW 10 million in cash from the above stores of the I District Public Prosecutors’ Office.

As a result, the defendant received money and valuables on the intermediation of matters belonging to public officials' duties.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each prosecutor's protocol of statement against D and J;

1. A statement prepared by K;

1. Each prosecutor's investigation report (including reports on verification of the details of entry and departure from Korea, reports on verification of the details of D, E, andL accounts, reporting on attaching copies of D's records, attaching 30,00 won deposited data, including attachment of D's family relation certificates E, attachment of personnel records cards, and telephone conversations between the suspect and D, etc. at the time of committing the crime) (including attachment);

1. The entry and departure details of D, E, the NongHyup Bank and the new bank account details, screen pictures for confirming banking transaction points, CDs storage of L, E, and D account records, copies of each investigation report (including attachment of a request for transfer of a case, report on failure to summon a suspect, confirmation of the suspect's health), three copies of each investigation report (including attachment of a request for transfer of a case, report on failure to summon a suspect, and confirmation of the suspect's health), copies of the investigation report (report on delay of an investigation), copies of the investigation direction, and M&A.

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