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(영문) 인천지방법원 2012.05.17 2012고합77
특정범죄가중처벌등에관한법률위반(뇌물)
Text

A defendant shall be punished by imprisonment for a term of three years and a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, while serving as I University mechanical engineering and professor, was commissioned as a member of the Korea Environment Corporation Design Deliberation Committee from May 201 to December 201, 201, and was appointed as a member of the Korea Environment Corporation Design Deliberation Committee for various design and construction package deal projects design and design documents submitted by each company participating in the tender.

On February 22, 2011, the Defendant was selected as a design advisory review committee member in the “J Corporation” ordered by the Korea Environment Corporation.

The Defendant received a bribe in relation to the duties of a design adviser of the Korea Environment Corporation deemed as a public official upon receipt of cash KRW 30 million from N Co., Ltd.O to the effect that “at the time of the design examination, L Co., Ltd.” from N Co., Ltd.O upon receipt of the request from the head of the team of M Co., Ltd. (hereinafter “L”) in front of the same month, the Defendant received a bribe from N Co., Ltd.O.O.

At the time of the above design examination, the defendant given the highest score to Lconsium.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the statement of each prosecutor's office toO and P;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of a sentence: Article 2 (1) 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 129 (1) of the Criminal Act, and subparagraph 2 of Article 45 and Article 5-2 of the Construction Technology Management Act (Concurrent Imposition of Fines pursuant to Article 2

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

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Collection: Reasons for sentencing under the latter part of Article 134 of the Criminal Act [decision of type] Offense of Bribery. Of bribery, Type III (not less than 30 million won but less than 50 million won) (the recommended field and the scope of weighing and balancing of recommendations): From 3 to 5 years [General Sentencing]: Quasi-public official, serious reflectivity, and aggravated factors with no criminal punishment: In cases of having a high relevance to duties [decision of sentence] 3 years of imprisonment and fine 30 million won;

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