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(영문) 대전지방법원 2013.04.12 2012고합550
뇌물공여등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Reasons

Punishment of the crime

(2012Gohap550) The Defendant is well known of E in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and there is a “G” designated as a material for cultural heritage in the above E boundary.

Around October 2007, the Defendant, as an official of Grade V in charge of traditional temple designation-related affairs, as a official of Grade V in the second floor of the Chungcheongnam-do Office in Daejeon-gu, Daejeon-do, Chungcheongnam-do, who was in charge of the affairs related to traditional temple designation-related affairs, repair and maintenance of cultural heritage, and technical guidance, requested I to grant a large amount of project expenses so that I may receive a subsidy, which would be able to receive a large amount of project expenses.” In making a request, the Defendant granted the said I a total of KRW 5 million KRW 5,000,000 from that time to September 11, 2011, by providing the said I with a total of KRW 1,515,000,000 in total three times as shown in the attached list of crimes.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Entry of I in each protocol of examination of suspect to the prosecution;

1. Entry of each police statement to J and K in the statement;

1. Application of the respective Acts and subordinate statutes to the prosecution investigation report (verification of changes in the duties of designating traditional temples), investigation report (Attachment of documents related to the reconstruction of debentures or removal of defective buildings), investigation report (Attachment of documents related to the designation of traditional temples E and materials related to the promotion of maintenance duties of E cultural heritage repair);

1. Article 133 (1) and Article 129 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with the punishment specified in the crime of offering of a bribe in an annex No. 2 attached hereto, the most severe crime committed);

1. Reasons for sentencing [the scope of applicable sentences] under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below] of the suspended sentence is the basic area of less than 3 million won [the scope of applicable sentences] below 7 years and 6 months [the scope of applicable sentences] of the offering of bribe.

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