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(영문) 대구지방법원 포항지원 2014.11.20 2014고단986
뇌물수수
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of five million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a former public official who has retired while serving as E in the port viewing D, and Defendant B is a person who operates the fishery administrative office in North-gu, North-gu, Pohang-si.

1. On August 6, 2010, Defendant A received a reward of KRW 2 million in cash from C in the Sam-gu Apartment apartment playground Ba-dong, Nam-gu, Chungcheongnam-gu, Nam-gu, Chungcheongnam-gu, Seoul, on the pretext of solicitation from Defendant A around 16:00.

The contents of the solicitation were as follows: (a) arranging B to transfer the fishery permit of “H”, a fishing vessel owned by G, to B; and (b) newly issuing that the period of fishery permit expires.

Accordingly, the Defendant received a bribe in total of KRW 5,50,000 in connection with the above duties, as stated in the attached list of crimes, from B, on three occasions in total, as well as the receipt of bribe in connection with the above duties.

2. Defendant B offered a bribe of KRW 5,50,000,000 to A in total on three occasions as stated in the attached list of crimes, including giving a bribe in relation to public officials’ duties, by offering a cash of KRW 2,00,000,00 in the above solicitation to A at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement to I;

1. A copy of complaint, and a copy of money and valuables payment status;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant provisions of the Criminal Act and the choice of punishment - The defendant A - The defendant's choice of imprisonment - the defendant's choice of fine under Article 129 (1) of the Criminal Act, Articles 133 (1) and 129 (1) of the Criminal Act, the choice of fine (the commencement of an investigation by filing a criminal charge against the defendant while subject to punishment for him/her, the circumstances leading to the crime of this case, the amount of the donated bribe, etc.);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Collection;

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