2011Gohap 298 A. B. M.W.

(b) Bribery;

(c) Violation of the Attorney-at-Law Act;

(d) good offices and bribery;

1. D.

(S) 59 years old, South)

Residential Suwon City

Reference domicile and Eup

2.(b)(c)

Kim (Sek 58 Life, South) and daily workers;

Accommodation-si

[Reference domicile-si]

3. A.

(1) (73 years old, remaining) and 00 representative directors of Kim (73 years old, remaining)

Housing Ansan-si Group members

Reference domicile and Eup

Lee Dong-dong

Law Firm Fa, Attorneys Kim Il-chul (Defendant Doed for the purpose of this Act)

법무법인 ☆☆의 담당변호사 이℃℃ ( 피고인 김을 위하여 )

Law Firm SS, Attorney Kim Byung-soo et al., Counsel for the plaintiff-appellant)

October 12, 2011

Defendant Day shall be punished by imprisonment with prison labor for a year and three months, by a fine of 25,00,000 won, and by imprisonment with prison labor for a year and three years;

A person shall be punished by imprisonment with prison labor for a period of one year and six months.

the period of 50,000 won converted into one day if the above fine is not paid by the defendant

The defendant shall be confined in a workhouse.

However, with respect to Defendant Kim (2) (1), the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Note 25,00,00 won from Defendant E, and KRW 55,000,00 from Defendant Kim, respectively, and KRW 00,00 from Defendant Kim

shall be requisitioned.

To order the provisional payment of an amount equivalent to the above fine against the defendant's written order.

Criminal facts

Defendant Seo-gu, from around December 2, 2008 to February 1, 2010, the Korea Fire Institute of Industry and Technology Information Management Center.

A person who has served as the head of customer support department has no occupation at present, and the defendant Kim

A person who has operated a future industry development is currently engaged in the present labor, and defendant Kim Kim 1 (1) is refunded

It is the representative director of 00 corporation, a company that manufactures and installs light equipment.

1. The crime of bribery and acceptance against the defendant

On March 3, 2009, the Defendant’s customer support to the Korea Fire Institute of Industry and Technology located in Mana-dong, Youngdong, Young-gu, Mana-si, Young

In the vice office, "PP environmental technologies Co., Ltd. are ordered at this time" from Kim.

to participate in the tendering procedure for the replacement project. To ensure that the PP is awarded a successful bid for the project:

upon request and at the same time, it is difficult to cause damage or damage to a restaurant near the Korean Folk Village.

It is intended to assist PP in resolving disputes between the PP and the winning winning of the contract.

The sum of 6,200,000 won shall be paid upon request by any person who is able to have his/her father and son paid 6,000 won.

Around that time, the representative of PP environmental technologies from Kim-ho at the customer support department office

이사 김王 , 전무 이88을 소개받으며 " PP 환경기술 김사장과 이전무다 . PP이 나

The bid affairs upon the request of the Director to be awarded a contract for the work as described above and upon receipt of the request of the Director.

Ma○○, who is a person in charge, “I am well-known that this person is entitled to participate in the tender of the centralized construction project.

The military system called "...."

PP environmental technologies are patented points on March 27, 2009, even if they do not hold a patent in the above bidding.

Full marks 1 were determined as eligible for preferential bargaining on April 3 of the same year, and the Defendant paid for such determination.

May 7 of the same year, in the street near the above Institute of Technology, receive 15 million won in cash from Kim-ho, and then receive 15 million won in cash.

From the beginning to the beginning, 10 million won in cash from Kim Jong-ho in the cargo vehicle near the Korean folk village.

was received by the Board.

Accordingly, Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 2 subparagraph 14 of the Enforcement Decree of the same Act

A defendant who is deemed a public official under the same Act taking advantage of his status as a public official;

20,000 won or more shall be deemed to be a member for the purpose of arranging matters belonging to the duties of other public officials who are deemed to be a member.

2.3

2. Defendant Kim Jong-soo’s crime

(a) Violation of the Attorney-at-Law Act;

On February 2, 2009, the Defendant found in Goyang-si on February 2, 2009 to Kim, and this 88 to the Korea Fire Industry Technology Institute.

The tender for the project to replace the exhaustion facilities of the order is scheduled. The test for the project to be conducted by the above Technology Institute is required to be conducted.

The Vice Minister of Certification is well aware of the executive officers such as the ○○○ and the customer support department, upon request by them.

(2) 200 million won as part of the test to enable the PP environmental technology to carry out the work, the subcontract for the work and the cost of the repair.

원 상당을 달라 " 고 제의하여 김王의 승낙을 받고 , 같은 해 3 . 경 김王王 , 이88을 한

The Ministry of Information and Communication, the Minister of Information and Communication, the Minister of Information and Communication, the Minister of Information and Communication, the Minister of Information and Communication, the Minister of Information and Communication,

The Director General of the Examination Certification Department shall be personnel in ○○○, and "PP president and senior secretary participating in the bidding" shall be well requested.

PP environmental technology is a example of participation in bidding by finding a law of conformity with technical directors around that time.

It is well asked to make a high solicitation.

PP environmental technologies are subsequent to March 27, 2009; participation in bidding proposals made by the Korea Fire Institute of Industry and Technology;

3. Evaluation score 1. Around that time, the Defendant was determined as eligible for preferential bargaining.

By June of the same year, from PP environmental technologies to PP technologies, civil engineering, removal, painting, ceiling, ground water during the above construction works.

A subcontract with a total amount of KRW 130,000,000,000 for construction works, etc., and solicitation expenses and acceptance for orders for construction works.

The cost of KRW 80,000 was to receive KRW 80 million.

그에 따라 피고인은 2009 . 4 . 7 . 처 김♧♧ 명의의 농업협동조합 계좌로 컨테이너 설

On May 7, 2009, 3 million won due to dental costs, and on May 7, 2009, 5 and 2 million won due to the said account, and on July 2009, 2000 won.

1. 60,500,000 won under the pretext of subcontract price, expenses for solicitation, and expenses for acceptance and payment with the above account, and the same day;

주식회사 구성 전력 명의의 계좌로 1억 50만 원을 , 2009 . 7 . 13 . 김♧♧ 명의의 위 계좌

1.5 million won has been remitted to each other.

As a result, the Defendant Article 111(2) of the Attorney-at-Law Act and the Act on Aggravated Punishment, etc. of Specific Crimes

4. Administrative affairs handled by executives of the Korea Fire Institute of Industry and Technology deemed public officials under Article 4.

(1) the Corporation shall receive the benefit of KRW 130,500,000 from the subcontractor under the pretext of solicitation; and

It received KRW 80,000,000 under the pretext of expenses for solicitation.

(b) Offering of bribe;

The Defendant, at the same time and place as the above Paragraph (1) above, has made such a solicitation to the Secretary; and

For example, 20,000 won was granted.

Accordingly, the defendant is a public official by taking advantage of his status as a public official.

of 2,500,000 won under the pretext of arranging or arranging matters belonging to the duties of other public officials deemed to be

I participated in the case.

3. The crime under Defendant Kim Jong-soo (1)

피고인은 주식회사 QQ 명의로 2009 . 3 . 27 . 한국소방산업기술원이 발주한 집진설비

Competition with five enterprises, such as PP environmental technologies, etc., by participating in the tender for the replacement project, but the proposal evaluation decision;

There were two parts, and PP environmental technologies were awarded a successful tender for the construction works in the first place.

The defendant acquired a patent for the PP environmental technology in the course of evaluating the above proposal on April 16, 2009.

In the absence of this, the fact that the construction was awarded with a perfect score of 5 points by holding two patents, etc.

After finding out the fact that there is a problem in the bidding process, the problem of evaluation of the above proposal to ○○○

B. I point out that I will submit a petition to the public service ethics committee and the Ansan Police Station.

(1) The e-mail of Ma-○ shall be attached to the e-mail of Ma-○, and the award shall be revoked by telephone.

(1) Unless the construction work is ordered, the court pressured to inform the public of the bid process, and the above pressured the public of the bid process.

The Director of the Examination and Certification Department of the Technology Institute was reported by Ma○○.

The defendant was found to have his office to receive a written petition on the same day p.m.

cancellation of the award and cancellation of the award to the Corporation shall cause theO to receive the contract, or shall request the Corporation to pay 20 million won in cash.

(b) required to move the place to a restaurant in the vicinity, and this is required by the tender.

In order to conceal corruption, the defendant and the defendant met during the period from around that time to May of the same year.

촉하면서 그 요구사항을 피해자 김王에게 전달하며 피고인의 요구를 들어주지 않으

It is inevitable to cancel the successful bid, and if so, the problem will be solved at the time of bidding.

I would like to give 100 million won in cash to the defendant, and will not submit a petition.

A threat was made.

피고인은 이썼과 함께 겁을 먹은 피해자 김王의 지시를 받은 이88으로부터

on May 8, 2009, the class for which KRW 100 million is incurred in cash for one’s own car parked on the street near the said Institute.

was delivered to a box.

이로써 피고인은 이만과 공모하여 , 피해자 김王王으로부터 1억 원을 갈취하였다 .

Summary of Evidence

1. The legal statement of Defendant Kim, and each part of the legal statement of Defendant Kim Jong-D and Kim (1)

1. Each legal statement of the witness Kim Kim, Kim (3), Ma-○, Ma-○, and his objection

1 . 피고인들 및 김王 , 정○○ , 이에 대한 각 검찰 피의자신문조서

1 . 피고인 김 및 김王王 , 이88 , 정○○ , 백換換 , 권 , 윤럽럽에 대한 각 검찰

Statement

1 . 자재사용 승인요청서 , 공사계약서 , 수사보고 ( 김王 제출 자료 첨부 ) , 수사보고 ( 실화

The results of the evaluation of proposals for the facilities for the re-examination place shall be examined), the actual fire test place of the Korea Fire Institute of Fire Industry and Technology

Facilities proposal and installation, investigation report (in this case, attaching a copy of personnel record card of ○○○) and integrated facilities

A plan for the evaluation of production and installation proposals, a report on investigation (a copy of the personnel record card)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 132 of the Criminal Act.

Selection, Imposition of fines pursuant to Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Attorneys-at-law

Article 111(1) and (2) of the Act (the giving and receiving of money for solicitation and the choice of imprisonment) and Article 133(1) of the Criminal Act

section 132, section 132 (the point of offering of a bribe, the choice of imprisonment), section 350(1) and Article 30 of the Criminal Act

In this regard, the court may decide to punish the

1. Concurrent Crimes (as to Defendant Kim -)

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Law on Attorney-at-Law Who has Seriousness and Criminality)

Punishment of concurrent crimes resulting from a violation of the Criminal Act

1. Discretionary mitigation (as to Defendant’s letter of mitigation);

Articles 53 and 55(1)6 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Detention in a workhouse (as to Defendant’s letter);

Articles 70 and 69(2) of the Criminal Act

1. As to the suspended execution (as to Defendant Kim ②)

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

1. Additional collection:

(a) Defendant letter: the latter part of Article 134 of the Criminal Act;

(b) Defendant Kim: the latter part of Article 116 of the Attorney-at-Law Act;

1. Provisional payment order (as to Defendant DD, Defendant D)

Article 334(1) of the Criminal Procedure Act

Judgment on Defendant’s argument

1. Defendant D's assertion

Although there is a fact that the defendant receives KRW 20 million from Kim Kim, the above money is a public official.

The money that was lent to Kim, not the consideration for good offices, is paid to such Kim;

The defendant has arranged matters concerning the duties of other public officials by taking advantage of the status of public officials.

(2).

2. Determination

(a) Title of giving and receiving money;

(1) Whether the loan was repaid or not

The following circumstances acknowledged by the evidence of the judgment, i.e., the Defendant’s first prosecutor;

In the investigation “from around 2005 to around 2006, the smaller number of times between Kim Jong is one million.

L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.

to receive a total of KRW 20,000,00, including interest, from Kim. Other than this,

(3350, 3354 of evidence records) and the second prosecutor's investigation.

" from the last half of 2004 to the first half of 2007, money which was not returned to Kim;

2. The 5 million won stated as "(Evidence No. 3382 of the evidence record)" and the 3rd prosecutor's office's office's investigation " Kim."

from 40,000,000 won, whichever was 20,000 won, was lent to Kim.

and the remainder of 20 million won shall be Kim (PP environmental technologies) to replace the exhaustr equipment.

I have made a statement in return for receiving orders from the Corporation (Evidence No. 3545 of the Evidence Record),

In other words, "2,500,000 won delivered from Kim shall not be preserved by the Fire Institute of Industry and Technology."

The statement "(Evidence No. 3551 No. 3551 of the evidence record)" is made to preserve the money in lieu of Kim, etc.

consistent in statements on the period of loan to Kim, amount of loan, amount repaid and the name thereof.

the investigation process (the defendant received money from Kim Jong-sung during the investigation process).

금원의 액수 , 김王王 , 이88을 만난 경위 , 김 ) 과의 관계 등에 관하여 거짓 진술을

In the latter case, credibility is very doubtful, such as the reversal of the former case, etc.) and 2 The third prosecutorial investigation is conducted by Kim Jong-chul.

In Section 1, “I deliver 10 million won in cash to the Defendant from July 2009 through August 8, 2009. This is the following:

around 2007, the right to order Jcheon-gun will be awarded to the author, and the author and the defendant will be awarded the contract.

The defendant, instead of the public officials, made a request to Jincheon, because there is no money, and there is no money.

It has paid KRW 10 million in the cost, transportation cost, biffed value, etc. required to enter Jincheon, and thereafter has paid KRW 10 million.

on July 2009, the statement was made to the defendant on July 2009 in the amount of KRW 10 million, and (Evidence Records)

In the fifth prosecutor's investigation, "the amount of money to the defendant is 43 million won or more", and in the fifth prosecutor's investigation, "the amount to be paid to the defendant is 43 million won or more;

Of them, KRW 2,8 million shall be corresponded to a personnel room, and the remainder of KRW 1,5 million shall be lent from the Defendant.

The defendant shall be entitled to full payment of the money that he had received. The defendant shall be entitled to full payment as soon as possible at the time.

2. The amount of eight million won shall be paid, and the amount to be paid to We shall be settled later and repaid later.

C. I clearly stated 'I'. When you are administered in the slot machine, I have a few million won from the defendant when you are administered in the slot machine.

There is a loan, which shall be repaid to the defendant in 2009, including several million won.

this 1, 450,000 won stated "(Evidence No. 3419 to 3421 of the Evidence)

(3) The amount of the loan, the loan and the repayment made by Kim to the defendant

Kim Jong-chul's statement does not coincide with the defendant's statement in a substantial part. 3

Submission of a loan certificate, remittance data, account books, etc. by which the defendant can recognize that he/she has lent to Kim

not only did the Defendant and Kim, but also did not specifically state the details thereof.

(4) In light of the relationship between the defendant and the Kim, the defendant's head of his head of his head of the Tong.

to withdraw money and continue to pay money to Kim without any agreement on the due date and interest.

The Kimg also borrowed money from the Defendant for a few years, and the money was properly borrowed from the Defendant.

The fact that he did not receive a demand for payment that he did not complete it is difficult to believe, and 5 Kim

from July 31, 2006 to November 26, 2007, the development of future industries or the United States from around November 26, 2007 at the Defendant’s will.

A contract under which at least seven construction works shall be supplied in its name with the Korea Fire Institute of Industry and Technology.

PP where the defendant does not pay the borrowed money despite the receipt of the construction price by concluding the contract;

It is also true that only after the award of the construction work for the environmental technology, all loans have been settled.

natural point that is not natural, 6 Kim Jong-soo's money transferred from the PP environmental technology as is in the account.

The defendant was able to remit part of the money to the defendant while keeping the money in cash;

E. The defendant who leaves the post-lock is unfolded with his own vehicle and delivered 20,000 won to 25 million won.

In full view of the foregoing, at least the above 20 million won shall be repaid by the Defendant from Kim Young.

It is difficult to regard the money received to receive.

(2) Acknowledgement of the consideration for good offices

The following circumstances that may be recognized by the evidence adopted and investigated by this Court, i.e. ①

The defendant, in the second prosecutor's investigation, "JP Environmental Technology President and President of the PP Environmental Technology President on March 2009" and transferred his/her duties to him/her on March 2009.

Then, the term "leaps" was referred to as "les only for directors," and 'after the end.'

Directors have been growing. The same is called as well as the answer that they will be well, and the answer was made on May 2009 and around early May 2009.

'The construction cost of KRW 80,000 was received from the deceased. 'The person in charge' is not required to be personnel.

(Evidence No. 3396 of the evidence record) and the third prosecutor's investigation, "J" in this paper.

from 40,000,000 won, which 20,000 won out of 20,000 won was lent to Kim Dong.

and the remainder of 20 million won shall be Kim Jong-m (P environmental technologies) to replace an integrated equipment.

I have received in return for receipt of orders for the Corporation “Seong-gu, Young-gu, 2009”

In the middle of a restaurant near the national speed village, the right to meals with the low, right, and Kim Jong-do at a cafeteria near the south of the national speed village

I said that I would like to say that I would like to say that I would help I do the Kim Jin construction work, and that I would like to say that I would like to say that I would like to say.

' When the defendant undergoes a housework, N.N. 20,000 won and the defendant's general office

Any money that has not been compensated after using personal money when the executive officers were gathered while serving as the chief of a department;

4, 2 million won, 60 million won in total, 200 million won, or 30 million won, 'Ma Kim', Doz.

2 The answer note "I will give up KRW 0 million (Evidence No. 3545, 3546 of the Evidence)";

② 김은 검찰 조사에서 " 피고인에게 김王王과 이88을 소개시켜 주고 며칠이 지

Then, the defendant and the defendant were able to work together with the PP environmental technologies. P

Penvironmental technologies are referred to as "dozer and Dozer", and the defendant within the scope of "the defendant."

There is a lot of damage caused by the PP environmental technologies in response to the preparation for the PP environmental technologies.

In accordance with this section, I said that "I will complete all the claims", "I will do so on March 2009."

In the evaluation of the progress facility project proposal, the PP environmental technology has served as the first level and the defendant is called to the defendant.

'P environmental technologies were first put in the first place. He stated 'P environmental technologies' as a member of the People's Republic of Korea.

J. (Evidence Records No. 3299, 3300), and “the office and restaurant prior to the tender for the replacement of the integrated facilities”

In addition, the PP environmental technology has been offered to the public by requesting the public to meet or perform the construction work several times.

When a person receives a subcontract price by winning it, he/she shall be deemed to have received it from the defendant, and 20 million won to 8 million won.

I stated in Won. On March 3, 2009, the defendant Jong-○ as the civil petition office is in the name of the defendant.

PP environmental technology department by the Kim President, who is adjacent to this time, whether the preparation for the "tender" is well prepared at the job;

At the same time, I discussed to the effect that they will be able to see the low price by stating that they will participate in the bidding.

The statement was made (Evidence No. 3415, 3421, 3422 of the evidence records), and ③ in the prosecutor's investigation, "in the sphere of jurisdiction".

In the early police officer of the Republic of Korea, the replacement of 'Man-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin

The defendant stated that he would not accept the award only if he would be awarded the award, and that he would not hold the award.

The person did not decide who will enter as an appraiser, but if so decided, would at one time request.

I stated "I" (Evidence No. 3524 to 3526 of the evidence record), 4 Kim 2009.

3 . 경 PP 환경기술 김王 사장과 이88 전무를 데리고 피고인의 사무실로 찾아와 이

the defendant and scket: "Participation of this people in the advanced construction tender together with Ghana"

The defendant referred to as the "test Certification Board", and the defendant's "test Certification Board".

○ The vice head is called “,” and finds ○○ by personalphones, so called ○○ in the Madern civil service center.

민원실장실로 들어오게 하여 정○○에게 김음을 , 김王王 , 이08을 소개하며 " 이 사람

들이 이번 집진공사 입찰에 참여할 사람들이니 잘 봐줘 " 라고 말하였으며 , 정○○은 " 알

In addition, "Skho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho

게 " 집진공사를 하려면 윤럽의 이사에게 부탁해야 한다 " 라고 말하여 김 이 김王王 ,

8 Masle directors and Masle directors and Masle directors and Masle directors and Masle directors after Masle directors and Masle directors.

The reason why it was well caused is that "(Evidence No. 3546, 3547 of the evidence record), 5 Kim PP environmental technology

In addition to KRW 130,000,000,000,000,000,000,00

지급을 요구하여 , 2009 . 5 . 7 . PP 환경기술로부터 5 , 200만 원을 김♧♧ 명의의 계좌로

following a remittance, 10,500,000 won on the same day, 10,000 won on the following day, and 10,000 won on the following day shall be withdrawn in cash and avoided.

The payment made to the deceased (Evidence No. 3550, 3551, No. 3551, 6) and 6 Kim Jong-soo was withdrawn on May 7, 2009

Defendant on his/her own vehicle in the vicinity of the Korea Fire Institute of Industry and Technology, promising by telephone with Defendant;

(1) The defendant shall have only 20,000,000 won in cash prepared in advance for the following:

on March 24, 2009, the tender for the replacement of a facility for light dust on March 24, 2009 (Evidence No. 3297 pages)

(2) The approval of the Director of the Technology Institute shall be made by preparing the evaluation table and obtaining approval from the Director of the Technology Institute;

At the completion of the evaluation, the evaluation table according to the direction of a leap legislation on March 27, 2009, which is the date of the evaluation.

from 15 up to 20 points out of the evaluation items of "the adequacy of the composition of the collective facilities";

Credit rating shall be from 5 to 10 points, and the marks of "performance result" shall be from 20 to 10 points, respectively.

On the other hand, the PP environmental technology is not a patent technology but a patent application certificate even though it is not a patent technology.

under section 5 of the "patent or GD Certification Holding Company" as if the patent was held.

As a result, PP exchange that was at a disadvantage less than 10 in the performance record and patent holding.

The construction of this case was awarded prior to the difference in scores that are less than 00 of light technology; and

The first clinical Department was selected by the Director of the Evaluation Committee as an evaluation member of the Evaluation Committee, but leap

Pursuant to a sudden direction of the legislative director, ○○ on March 26, 2009, the day before the evaluation was conducted by Y○○.

On the following day, e-mail was sent to Red because it was selected as an evaluation committee member, so that e-mail was changed;

the Board of Technology to be present, such as having the Board of Assessment (as a member of the Board of Assessment, leap to the Director of the Board of Technology);

The Minister of Certification, the change of the head of the Strategy and Planning, the success of the Director of the Management Strategy, the leader of the National Emergency Management Agency, and the outside;

8 university professors, etc. were present, the evidence records No. 3495, 3496), the evaluation table, and the evaluation committee.

In the process of the composition of the Committee and other bid examinations, there was a problem that was not delayed, but at the time of the defendant.

bid for lele, etc., which was on the ○○○ or the approval line in charge of tendering affairs;

The possibility of such problems may not be ruled out by making relevant good offices.

(8) The defendant has been in office as the chief of the general affairs division (8) the construction cost of KRW 10 million from 2006 to 2007, when he has been in office.

The Fire Institute of Industry and Technology by requiring Kim to submit a quotation for construction works within the limit of

The office partitions had been able to order construction works such as construction works and the reorganization work of the chemical team, and they had been doing so.

As a result, Kim Jong-sung from July 31, 2006 to November 26, 2007, the name of the future industrial development or the name of the fluorus.

under the contract with the Korea Fire Institute of Industry and Technology for the supply of and demand for seven works (Evidence)

Records No. 3344, 3385, 3386), 9 The defendant, the right, the cryp, the cryp, the cryp of the defendant, the cryp of the cryp of the defendant, the cryp of the Kim (1)

Of course with golf in a young golf course, the defendant orders Kim (1) to the Gangwon Foundation.

실화재시험장 집진설비 신축공사가 있을 예정인데 , 우리가 힘을 써서 QQ가 공사를

In full view of the fact that the phrase "(3496, 3497 pages 3497 of the evidence record)" was called,

The above 2.5 million won so that the defendant can be awarded the contract for the construction of this case by the PP environmental technology.

It is recognized that the person in charge of affairs has received in return for the assistance to ○○, etc.

of the corporation.

B. Whether the status of public official is used

(1) The offense of acceptance of bribe is subject to the duties of other public officials taking advantage of the status of the public official.

acceptance, demand, or promise of a bribe in respect of good offices shall be the requirement for its establishment, and shall

The term "public official" taking advantage of his/her status means the use of a private relationship, such as relatives and relatives.

(2) No person shall be deemed to be such person, but any other public official shall handle any

by a public official who has legal or factual relations that may affect such status;

(2) In the case of paragraph (1) of this section, and between them, such as a superior relationship, a cooperative relationship, and a supervisory authority.

Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.

[Reference] .

(2) The following circumstances acknowledged by each evidence of the judgment, i.e., the Korea Fire-Fighting Industry Technology.

Won (former name: the Korea Fire Equipment Inspection Corporation) is an affiliated agency of the National Fire Agency established on June 197, 197.

Research, etc. on the type approval of air-proof machinery and apparatus, product inspection, fire-fighting systems, safety of dangerous goods, etc.

Major duties shall be 140 employees, and the total number of employees shall be approximately 140 (Evidence Records No. 3338), and 2 Defendant shall be 1985.

The Department of Technology shall be promoted by the division chief of Grade III in the middle of the 1990s as members of the Korea Fire Institute of Industry and Technology;

A person who works for the General Secretary, etc. and is promoted to the Department of Class II department around February 2, 2006 and serves as the Secretary of General.

A. A person who served as the head of customer support division from February 2, 2008 to March 2010 and voluntarily retires on August 31, 2010.

The customer support department shall receive all applications related to fire-fighting machinery and appliances testing and customer counseling.

The department in charge of the affairs shall be comprised of the following chief and four employees, who are the chief of the department;

the president through the planning and management director, if the employees have proposed the document, the defendant will be elected or the president through the planning and management director.

(Evidence of Evidence No. 339, 3340), 3 Korea

Jeong-○, the Vice Minister of the Certification of Industrial Technology Testing Board, shall include fire extinguisherss, fire extinguishing agents tests, and approval affairs.

to establish a work plan and to select a company in relation to the replacement of a power plant.

The proposal evaluation committee executive secretary has been in charge of the project and the supervision has been in charge of the project (Evidence Records)

2732 pages 2732), 4. Since 1990, the Defendant retired from 2010.

For about 20 years, the defendant was aware of about 20 years, and the defendant, when there is a problem related to civil petition, ○○.

of his office, or of making inquiries or instructions with respect to his duties through personalphones;

The Defendant: (5) The Defendant, at the time of the instant case, set the Ma○○ as his office, Kim Gam, and PP environmental technologies.

김王 , 이08을 입찰에 참여할 사람이라고 소개하며 잘 해 주라고 부탁한 점을 종합

In view of the facts, the Defendant, who was in charge of the instant construction, was at the time, about the duties of ○○.

A position to exercise its influence and to arrange matters belonging to the duties of ○○○.

In giving and receiving the above KRW 2,5 million, it can be said that the status is used.

C. Therefore, the defendant's above assertion is without merit.

Reasons for sentencing

1. Defendant DE

The crime of this case is committed by the defendant while serving as the director of the Korea Fire Institute of Industry and Technology.

In regard to mediation of matters belonging to the duties of the Governor, KRW 2,5 million from Kim twice every time;

acceptance of a bribe from a person related to a public corporation in return for a referral by the defendant.

of the Korea Fire Institute of Industry and Technology at the same time to interfere with tendering

(1) If a bribe is seriously damaged, it is not against the denial of his or her criminal act, and the acceptance of the bribe

Considering that the amount of money is not certain, it is necessary to strictly punish the defendant.

However, the defendant is the first offender and is in the position to be deemed a public official under the law, and is out of that position.

the motive, means and result of the instant crime, the circumstances after the instant crime, the age, character and conduct, and family environment of the Defendant.

In full view of all the sentencing conditions shown in the instant case, the sentence shall be determined as ordered.

2. Defendant Kim Kim

[Scope of Punishment] Imprisonment with prison labor for not less than one month but not more than seven years and six months;

[Determination of type of crime] Bribery and offering of a bribe (less than 30 million won)

【Special Convicted Persons】

Aggravation Area: Potable mine

[Scope of Recommendation] Aggravation ( Imprisonment with prison labor for not less than six months but not more than one year and six months)

【Aggravated Punishment of Different Crimes】 Crimes for which the sentencing guidelines are set and crimes for which the sentencing guidelines are not set;

Where there is a relation of concurrent crimes under the former part of Article 37 of the Criminal Act, the lower limit of the crimes for which sentencing guidelines are set.

Since the lower limit of the scope of sentence is followed by the standard of punishment, the lower limit of the final scope of sentence shall be six months, but the sentencing shall be made.

The punishment shall be determined as follows, in consideration of the violation of the Attorney-at-Law Act not reflected in the standards:

【Determination of Sentence】

이 사건 범행은 , 피고인이 김王王에게 공무원으로 의제되는 한국소방산업기술원의

be awarded a contract for construction works in favor of the executives, and the profits and money in compensation therefor.

to the public official in charge so that the PP environmental technology may be awarded and awarded to the Secretary, and that the PP environmental technology may be awarded a successful tender;

The defendant delivered part of the above money together with the request for mediation by the public official; and

Money and valuables for the purpose of solicitation of public officials that would undermine the fairness of the public tender of construction works by purchasing them;

because the act of receiving the official duties is a crime that impairs the trust of the people in performing the official duties, the crime is committed.

It is a large amount of money received by the defendant for the purpose of solicitation and the amount paid as a bribe.

Considering that it is necessary to strictly punish the defendant.

However, the defendant has no record of committing any crime above the suspension of execution and confessions of his crime.

of this case, the motive, means and result of the crime, the circumstances after the crime, and the age of the defendant;

In full view of all the sentencing conditions shown in this case, such as character and conduct, family environment, etc., the sentence as ordered.

The matters shall be determined.

3. Defendant Kim 1

The crime of this case is a petition against the victim's problems in the process of examining the public tender.

10,00,000,000 won from a food victim who said that the victim would submit it, and the damage

Considering that the amount is a large amount of money up to KRW 100 million, it is necessary to severely punish the defendant.

(c)

However, the defendant has no record of punishment in addition to a fine once, and the victim's wife against the defendant

In addition, the motive, means and result of the instant crime, the circumstances after the commission of the crime;

All the sentencing conditions shown in this case, such as the defendant's age, character, conduct and family environment

The punishment shall be determined as such.

It is so decided as per Disposition for the above reasons.

Judge Lee Dong-hoon

Judges Park Il-young

Judges Kim Jong-han