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(영문) 인천지방법원 2012.05.24 2012고합280
뇌물수수
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person commissioned as a member of the Korea Environment Corporation Committee on February 29, 2012 while serving as the director of the Seoul Special Metropolitan City D Center, and is in charge of duties such as deliberation and evaluation of design in bidding for projects ordered by the Korea Environment Corporation on May 2010.

On June 4, 2010, the Korea Environment Corporation publicly announced the bid for the F&D establishment project, and G(P) consortium and (P) H consortium participated in the tender.

On August 23, 2010, the Korea Environment Corporation selected 13 members including the Defendant as members of the above project E through lottery, and the selected members held a design evaluation council on September 8, 2010 and deliberated on and assessed the basic design documents submitted by the above two companies through a design evaluation council, etc.

After opening the bid price on the same day, the final (State) H consortium was awarded the project in question.

In the deliberation and evaluation of the project design, the Defendant awarded a higher score to G (main) consortium.

On September 2010, the Defendant received a bribe in relation to his duties by receiving KRW 10 million in cash as a honorarium from K within the passenger car of G (ju) business affairs K, which was parked on the roads in front of Jcarf in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the suspect examination protocol of the prosecution to K;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Imposition of fines under Article 129 (1) of the Criminal Act and Article 2 (2) of the Act on the Aggravated Punishment, etc. of Imprisonment

1. Discretionary mitigation: Articles 53 and 55 (1) 3 and 6 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Suspension of execution, probation, and community service order: Articles 62 (1) and 62-2 of the Criminal Act;

1. Collection: The reason for sentencing under the latter part of Article 134 of the Criminal Act [the decision of the type] of bribe, acceptance of bribe, two types [the decision of the recommending area] mitigated area [the scope of sentencing] [the range of sentencing] 8 to 2 years [the reasonable circumstances] (Special Self-denunciation), (general), reflectivity, and criminal punishment] (general circumstances).

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