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(영문) 인천지방법원 2012.12.27 2012고합779
뇌물수수
Text

Defendant

The sentence against A shall be 6 months of imprisonment and 6 million won of fine, and the sentence against Defendant B shall be 2 million won of fine.

Reasons

Punishment of the crime

1. Defendant A was a public official (J retirement age) belonging to the office of education of the Incheon Metropolitan City Office of Education, who worked as the principal of the I Elementary School of the Nam-gu Incheon Metropolitan City from September 1, 2008 to the principal of the I Elementary School.

On July 15, 2009, upon C’s request, the Defendant gave Co-Defendant B a contract for the coloring construction of the school building. On August 2009, the Defendant received KRW 6 million from B as a honorarium for the contract for painting construction from the above school principal room, and received a bribe in relation to his duties.

2. As described in the preceding paragraph, Defendant B granted 6 million won to Co-Defendant A for the purpose of awarding a honorarium for concluding a contract for painting construction work at I elementary school and granted a bribe to the public official in relation to his duties.

3. On July 2009, Defendant C asked Co-defendant A, the principal of I elementary school, to give a contract for the color construction of the above school building to Co-Defendant B. On August 2009, Defendant C asked Co-Defendant B to give a reward in the amount of KRW 6 million and asked B to give a bribe to A.

B delivered a bribe of 6 million won to A as described in the preceding paragraph.

As a result, the defendant instigated B to give a bribe to A.

Summary of Evidence

1. Defendant A and B’s respective legal statements, Defendant C’s partial legal statements

1. Application of each of the Acts and subordinate statutes on witness A, B, K and L;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 129(1) of the Criminal Act (the choice of imprisonment and the punishment shall be imposed concurrently pursuant to Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes);

B. Defendant B: Articles 133(1) and 129(1) of the Criminal Act (Selection of Fines)

(c) Defendant C: Articles 133(1), 129(1), and 31(1) of the Criminal Act

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

1. Detention in a workhouse (Defendant A and B): Article 70 and Article 70 of the Criminal Act;

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