2016 Highest 5026 Acceptance and good offices of bribery

A person shall be appointed.

OO (prosecutions) and OO (Public trial)

Law Firm ○ (Attorneys ○○○, ○○, ○○, ○○)

Law Firm ○ (Attorneys ○○-○ et al.)

May 18, 2017

The punishment of defendants shall be one year and six months.

4,000,000 won shall be collected from the defendant.

The provisional payment of the amount equivalent to the additional collection charge shall be ordered.

Criminal Facts

Defendant is an employee of ○○○○○○○○. After the Defendant was promoted to Grade IV agency around January 25, 1995, the Defendant was promoted to Grade IV agency around 195:

On March 4, 2002, promotion was made to Grade III and served on July 12, 2006 as the head of the team assigned from around July 12, 2006;

Before promotion to Grade II on March 31, 2009, at Grade I on June 30, 2013, after promotion to Grade II on June 30, 2013, and at Grade I on July 25, 2016.

TOOOO was on duty as the head of OOOO.

1. Acceptance of bribe;

The Defendant at ○○○○○○○○ from January 19, 2009 to January 17, 2010:

The head of each branch office at ○○○○○○○ from February 1, 2015 to January 24, 2016, respectively.

person in charge of the final review and decision on whether to issue the ○○○ guarantee certificate while working as such;

The duties were assigned.

On December 2, 2009, the Defendant: (a) OOOOO in the ○○○○○ building’s ○○○○○ building’s ○○○○ building’s ○○○ building’s ○○○

○ ○○○ Branch Office (hereinafter referred to as “○○○”) to issue a letter of guarantee to a business operator who requires a loan, and

From 000, a so-called loan hub which mediates a loan by a financial company, etc. and acquires the price therefor.

Co. *** upon request for the issuance of the certification of ○○○○○○○○○, Inc.*** upon request for the issuance of the certification;

(1) At least 2 million won in cash in return for the issuance of a certification requested by a restaurant near the restaurant;

In addition, from that to December 2, 2015, 000 e.g. 6 times as shown in attached Table 1.

At the request of an OOO's letter of guarantee, received total of KRW 20 million in return for the issuance thereof.

C.

A defendant's duties deemed as an executive officer or employee of ○○○○○ who is deemed as a public official under this Act.

The bribe was received.

2. Arrangement of bribery;

The Defendant’s support to ○○○○○○○○○ Head Office from January 18, 201 to January 25, 2011.

Facilities management, civil petition treatment, etc. at the ○○○○○ Head Office and each branch office while working as the deputy team leader;

The head office of ○○○○○ was in charge of free investigation from January 25, 2012 to January 31, 2015. The investigation year of the head office of ○○○○○○ from January 25, 2012

The validity of issuance of a letter of guarantee by ○○○○○, while working as the head of the Gu or the department of research and development.

The study was in charge of the work such as research.

On July 2010, the Defendant at the office of ○○○○○○○○○, located in ○○-dong, Seoul around 00, 000

Upon request by the Defendant to issue + + + Upon request by the OOO to request that the certification be issued.

OOOO ○ points at the time of the employee as an employee of the post-OOO that has worked together with the foregoing;

The head of the Guarantee Team team shall be in charge of examining and determining whether to issue a letter of guarantee by ○○○○○○

Seoul*** by telephone to* + + + + + + request to issue a certification of the seed to E. After the call.

00000 + + + + issued a certificate of guarantee to the State, and then the State, the Defendant, at the ○○○○○ point,

From 000 to 000 a restaurant near the OOOO branch in ○○○-gu Seoul Metropolitan Government

In return for the issuance of a letter of guarantee, one million won, including receipt of cash in return for the issuance of the certificate, from that time to that time, April 2014.

From 000 to 000 to 4 times as shown in attached Table 2, a letter of guarantee issued by ○○○○○.

○000 (OO in charge of reviewing and determining whether to issue a letter of guarantee or not upon request by ○000

○○ To issue a letter of guarantee requested by 000 to the employees of the distribution center.

After that, in return, 18 million won was received from 000 won in total.

The Defendant is an executive officer or employee of ○○○○○, who is employed by ○○○○○○ by taking advantage of his position.

It received a bribe in relation to the referral of matters belonging to the employee's duties.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspects by the prosecution against the defendant, 000, andO;

1. A copy of the prosecutorial statement concerning ○○○.

1. Investigation report [Attachment of printed materials related to guarantees seized by office 0000] / [O] / [O]

and copies of 000 Additional Crimes and Confirmation of Related Enterprises)

Application of Statutes

1. Provisions of the Act on Criminal Facts;

Articles 129(1) and 132 of the Criminal Act; Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Additional collection:

Article 134 of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Determination of punishment

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for a minimum of eight months;

2. Determination of punishment: Recognizing errors. There is no criminal record. However, it must be treated transparently.

With respect to the issuance of certificates of guarantee by OOO, it made it clear by itself or through good offices.

The frequency or period of receiving money, and all amounts are not easy. The crime of this case ○○○○○.

negative impacts on the fairness of the Commission shall be taken into account.

Judges Kim So-young