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(영문) 수원지방법원 2014.08.29 2014고합268
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

Defendant shall be punished by imprisonment with prison labor for not less than two years and six months and by a fine not exceeding 35 million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is an assistant prosecutor of the prosecution who serves in the Suwon District Prosecutors' Office, and is a public official in charge of criminal investigation.

1. On April 11, 2013, concerning the fraud case No. 2012-type and 75931 (Bribery) of the Suwon District Prosecutors' Office (the Act on the Aggravated Punishment, etc. of Specific Crimes) the Defendant investigated C as the victim on April 11, 2013 in relation to the fraud case No. 201-type and 75931 of the Suwon District Prosecutors' Office (the Act on the Aggravated Punishment, etc. of Specific Crimes). On April 17, 2013, the Defendant investigated C as the

On June 28, 2013, suspects D and E of the above accusation case were prosecuted in Suwon District Court. A.

On April 8, 2013, the Defendant received a solicitation from C, a complainant of a fraud case under his investigation, with respect to the investigation of the instant case. On April 8, 2013, the Defendant received 93,000 won (payment amount of KRW 279,000 ± 3) such as alcohol and eye, etc., from Gil-si F on April 15, 2013. On the same day, the Defendant continued to receive 3,50,00 won (the total settlement amount of KRW 50,000,000,000) from C, which was provided with entertainment equivalent to KRW 9,333 (payment amount of KRW 29,000 ± 200,000,000,000) (the total settlement amount of KRW 500,000,000) and received 30,000 won or more (the total settlement amount of KRW 2038,013).

Accordingly, the defendant received a bribe with entertainment equivalent to 622,833 won in relation to his duties.

B. On April 8, 2013, the Defendant demanded a bribe request from the Suwon-si Office H, Suwon-si, which is located in the Suwon-si Office H, that “Ap. 2012 type No. 75931 of the Suwon District Prosecutor’s Office, the complainant of the fraudulent case, who is under his investigation, should be allowed to return the amount of damage through the investigation,” and that “Ap. 30 million won, which is 5% of the amount of damage, may be claimed.”

After that, the Defendant was Suwon-si on July 10, 2013.

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