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(영문) 대전지방법원 공주지원 2017.08.11 2017고단6
뇌물공여등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, who ordered the “D” river maintenance work by the Cheongyang-gun Office, was the former director of the F corporation, the parent company of the E corporation, and performed field management and supervision from time to time with regard to the said river maintenance work.

On June 2016, when the river maintenance work was in progress, the Defendant was demanded by G, the head of supervision group of the above river maintenance work, to modify the contents of the project to reduce the total amount of KRW 569,500,000 from the total amount of KRW 560,000,000. The Defendant had undergone a series of consultations several times, but was ultimately willing to deliver money and valuables to G in order to avoid the demand for the change of the design without the consultation on the change of the design.

On October 14, 2016, at around 14:00, the Defendant issued money and valuables by inserting KRW 835,000, to G, a supervisory head, “D’s design” to G, a supervisory head, at the construction supervision office located in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-gun, as well as by inserting KRW 835,00 into the right part of G, to the right part of G.

Accordingly, the Defendant offered 835,000 won to G in return for the request for design change, etc. to the supervision director, who is a private person performing public duties deemed as a public official.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and I;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Application of Acts and subordinate statutes concerning recording conversations;

1. Relevant Article 133(1) and Article 129(1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The latter part of Article 134 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant granted a bribe to the chief supervisor who is deemed as a public official of a construction company and caused the fairness in performing his/her duty of integrity, and requires strict punishment.

However, the defendant is confessioned as a first offender, and is against himself.

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