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(영문) 대전지방법원 홍성지원 2015.10.30 2015고단35
뇌물수수
Text

A defendant shall be punished by imprisonment for one year and a fine of 10,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant worked from July 30, 2012 to December 31, 2014, and was in general in charge of the work such as ordering and concluding D Corporation contracts. E is the representative director of the LAF, who is a pump production and supplier company, and G is in charge of the business affairs of the LAF.

On November 1 to December 2012, 2012, the Defendant: (a) received a request from the Gohap-gun Office C Office Co., Ltd. (hereinafter “D Corporation”); (b) received a request from the KNF to place an order for the construction of pumps among the “D Corporation” scheduled to place an order from G to the KNF by means of a private contract; (c) filed a written request for a request for a negotiated agreement with the KNF to purchase the pumps in the KNF on January 2013; and (d) submitted it to the KNF through the finance division; and (c) around February 13, 2013, the KNF issued a negotiated contract with the KNF to the KNF on February 13, 2013.

In addition, around March 5, 2013, the Defendant received KRW 10 million in cash offered as a solicitation to provide convenience in the process of issuing and installing the above order for construction from E at the office of the said office of Gohap-gun Office, the recompense for the order for construction, and the supply and installation of the said pumps in the future.

Accordingly, the defendant accepted a bribe in relation to the public official's duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement about witness E, G and H;

1. The prosecutor's protocol of interrogation of the accused (including E statements);

1. Each prosecutor's protocol of examination of H and E by the prosecution;

1. The prosecutor's statement concerning G (including the E-statement part);

1. Current status of suspect H 2013 business pocketbooks and I employees;

1. Application of Acts and subordinate statutes related to Dental Works in the United States Armed Forces;

1. The Defendant and the defense counsel under Article 129(1) of the Criminal Code of the relevant criminal facts at issue regarding criminal facts (the choice of imprisonment) asserts that the Defendant should be acquitted of the Defendant, as it is difficult to believe that there was no fact that the Defendant received KRW 10 million from E, and that E’s statement was made in light of the background of the statement, the situation at the time of investigation, and the place where E offered a bribe.

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