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(영문) 울산지방법원 2012.09.14 2012고단1980
뇌물수수
Text

A defendant shall be punished by imprisonment for six months and a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is C Co., Ltd. (hereinafter “C”). From January 24, 2011, C is defined as a market-type public corporation in accordance with the Public Notice of the Ministry of Finance and Economy, and accordingly, it is deemed as a public official when its executives and employees receive money and valuables in relation to their duties in accordance with the Act on the Management of Public Institutions) and E is the representative director of F Co., Ltd., a company developing the nuclear power field measurement and control system.

F around November 11, 201, there was a continuous transaction relationship with the above D Team working for the defendant, such as concluding a control card supply contract equivalent to KRW 38.44 million of the contract amount ordered by the said D Team.

On March 24, 2012, the Defendant: (a) delivered the intent to provide the above-mentioned golf loans through G, the chief of the said D Team, and (b) ordered the above-mentioned golf loans shop with the trade name of “H golf” located in the south-gu in Gwangju metropolitan area; and (c) requested payment to E; and (d) requested E to the effect that E is given convenience in relation to the case of continuous transactional relationship and anticipated supply service contracts; and (e) around March 24, 2012, E paid the golf loans worth KRW 2.8 million from the above golf loans from the above “H”; and (e) the Defendant received the above golf loans from the first policeman on April 2012.

As a result, the defendant received golf loans equivalent to KRW 2.8 million in relation to the duties of officers and employees of market-type public corporations.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of prosecution E;

1. G statements;

1. Application of Acts and subordinate statutes to investigation reports (a copy of card application, a copy of the president of H golf business partners, and a telephone record);

1. Article 129(1) of the Criminal Act, Article 53 of the Act on the Management of Public Institutions, and the choice of imprisonment for a crime;

1. Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes concurrently with a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act;

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