2012 Bribery 47

the representative director (60)

The apartment number of Dong-si, Chuncheon-si

Standard place of registration Chuncheon Mari-ri

Inception metal (prosecution), Glazil Jin-hun (Trial)

Attorney Kim Jong-soo, Scark-ro

January 10, 2013

Defendant shall be punished by a fine of KRW 10,000,000.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal 1)

On 193, the Defendant is currently appointed as a full-time professor at a university, and is working as a full-time professor at a university. The Defendant is working as a representative of a stock company (hereinafter referred to as “the Plaintiff”) and is working as a representative director of a stock company (hereinafter referred to as “the Plaintiff”).

The Defendant produced excreta and supplied it to each local government, such as the Gun with a micro-organism raising machine, and the Agricultural Technology Center, and supplied eco-friendly agricultural products supporting projects that provide eco-friendly agricultural materials in each region, etc., with the intent to provide money and valuables to the public officials in charge of environment-friendly organizations of local governments for business expansion, such as obtaining information on eco-friendly agricultural subsidy programs (the list of persons eligible for subsidization) and continuing to supply the distribution paper to each agricultural technology center.

1. Offering of a bribe to yellow dust;

On September 10, 2010, the Defendant, through the preceding B, who is a staff member of the Defendant’s operation, proposed that he would give a scholarship to the YY’s husband (university dance course student) in the name of the honorarium in order to encourage him to purchase his ticket continuously in the future, and that he would offer a scholarship to his husband (university dance course student) in the name of the honorarium in order to purchase his ticket continuously in the future. On September 10, 201, the Defendant obtained the consent from the Yellow Sea under the pretext of the outside of the university’s scholarship.

It issued KRW 2,485,00 to a nominal account (Account Number: .).

Accordingly, the Defendant jointly provided 2,485,000 won as above in relation to the public official’s duties.

2. the offer of a bribe to an organization;

On January 23, 2009, the Defendant is selected under the name of honorarium - the name of a public official who is recognized as a public official in charge of the current status of eco-friendly agriculture in Gangwon-do, subsidies projects, and support for the establishment of the Environment-Friendly Agriculture Research Center at universities and colleges, and provides information on the current status of eco-friendly agriculture, such as environment-friendly agriculture projects promoted by the Agricultural Technology Center at each local government, such as the address and contact information of public officials related to environment

The account (Account Number: 200,000 won was remitted from January 26, 201 to January 11, 201, including the remittance of KRW 4,890,000,000, in total, from that time, from January 26, 201.

Accordingly, the Defendant provided 4,890,000 won as a bribe in relation to the duties of public officials.

3. Offering of any objection thereto;

On November 1, 2010 to December 12 of the same year, the Defendant instructed the former to enter into the top of the apartment building in Chuncheon-si around 17:00 on the day on which it is impossible to know the date between the lower police officer and the first police officer.

In the division of the Military Agricultural Technology Center, a public official who is in charge of the business (such as the purchase of eco-friendly agriculture and distribution) in the division of the Military Agricultural Technology Center, issued KRW 3,000,000 as a reward for purchasing the distribution in the future and continuously purchasing the distribution in the future.

Accordingly, the Defendant provided 3,00,000 won as a bribe in connection with the public official's duties jointly with the above.

4. The offer of any objection thereto;

On February 23, 2011, the Defendant, who is a public official working as the director of the Si Agricultural Technology Center, granted KRW 2,300,000,00 from the account (Account Number: 1) under the name of this (university engineering department) - the name of this (university engineering department) - the account (Account Number: 1) in order to request this public official to use the product in the environment-friendly subsidized projects, etc. conducted in the city.

Accordingly, the defendant provided 2,300,000 won as a bribe in relation to the public official's duties.

5. Offering of a bribe to leap;

A. On January 2010, the Defendant: (a) in a marina parking lot located in the Chuncheon-si, Jungcheon-si;

eco-friendly agriculture in the department of the Cheong Agricultural Technology Center through section, which is an employee of the Cheong Agricultural Technology Center; and

Public officials in charge of environment-friendly subsidy projects, such as pesticide model farming projects;

- Environment-Friendly subsidy program - in the future, 1,00,000 won were granted to the person who has received assistance in selling the product - the subsidy program in the name of honorariums that would encourage the person to sell the product.

B. On May 2010, the Defendant issued KRW 3,000,000 to leaps in the street near the mutual influences located at the same distance of Chuncheon, Sincheon-si, in the same manner as the above paragraph (a).

As a result, the Defendant, together with the above Article, provided a bribe of KRW 4,000,000, in total, on two occasions with respect to the duties of public officials as above.

Summary of Evidence

1. The witness leap, this, this, the yellow, and each legal statement in part of the court;

1. An interrogation protocol of the suspect regarding the protocol by the prosecution;

1. Examination protocol of police suspect regarding the preceding case (Investigation Record No. 311 pages);

1. Each police officer's statement about Kim, Han, and Jin Kim (No. 289 pages, No. 369, 426 of the investigation records);

a)

1. List of names requested for address (investigative records No. 48 pages);

1. Address book (62 pages of investigation records);

1. Statement - Details of transactions in passbook (63 pages of investigation records);

1. E-mail (related to the payment of incentives and investigation records, page 364);

1. e-mail (Article 410 of the e-mail)

Judgment on the argument of the defendant and defense counsel

The Defendant and the defense counsel asserted that, as part of the above scholarship program, the Defendant paid the scholarship to the Defendant and his children as part of the above scholarship program, he was in a position to assist the Defendant in the production and distribution of eco-friendly products as a public official related to agriculture, but he was not in a position to give unjust benefits to the Defendant. Thus, the Defendant’s assertion that the relationship with the Defendant’s duties with respect to the money paid to the above public official cannot be recognized.

The term "duty" referred to in the crime of bribery includes not only the duty prescribed in the law, but also the duty related to the duty, and even the duty not actually performed according to the division of duties other than the duty in the past or to be in the future, a public official, such as a duty belonging to a general authority under the law, includes all duties to be performed on official duty according to the position (see Supreme Court Decision 2003Do1060, Jun. 13, 2003).

According to the evidence duly adopted and examined by this Court, yellow, this, and leap

A. A public official belonging to the Agricultural Technology Center of each local government, who is a public official belonging to the Agricultural Technology Center of each local government, was directly or indirectly related to environment-friendly projects that the defendant promoted, such as participation in the purchase of eco-friendly farming materials or the purchase of worships, etc., and the defendant Eul-gu and his children did not undergo normal procedures related to the payment of scholarships while paying scholarships to the defendant Eul-gu and his children, and in particular, he refused to receive scholarships from the company related to the first work for the reason that the first time when the defendant expresses that he would receive scholarships from the defendant's side would receive scholarships would last cause a problem, and he could sufficiently recognize the nature related to the duties of the defendant's public official, taking full account of the following: the defendant's and his defense counsel's above assertion is without merit.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 133(1), 129(1), and 30 of the Criminal Act (However, Article 30 of the Criminal Act is a crime)

Section 1, 3, and 5. Selection of each fine

1. Aggravation for concurrent crimes;

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

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Ise Jinhee

1) Correction ex officio of part of the facts charged