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(영문) 부산지방법원 2019.05.24 2018고합499
뇌물수수
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for six months;

(b)Provided, That the above punishment shall be imposed for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A around 2009, a person was elected as the president of the Urban Environment Improvement Association in the zone D area, which is the area of the redevelopment project in Busan Dong-gu, Busan, and worked until 2017, and the defendant B is the E representative of service chain that vicariously executes the administrative affairs of the association.

1. Defendant A around May 2012, at the office of an urban environment rearrangement project association in Busan Dong-gu, Busan, the said association would pay expenses to the Defendant as a commemorative for which approval for the urban environment rearrangement project in the zone D zone was granted, and the association would hold a workshop in the summer. On May 22, 2012, 200, 20 or more union executives and representatives of the association, and 20 union executives and representatives of the association, who entered into a contract for the performance of the general assembly agency business with the said association and the E representative B and their employees, together with the employees.

On May 29, 2012, the Defendant received a bribe of five million won in cash from the above B under the pretext of supporting the workshop expenses.

This part of the facts charged states that “Defendant A received an implied solicitation from Defendant A to the effect that “I would provide various convenience in connection with the conclusion of the above service agreement with the union after the future,” but the bribery does not require any solicitation or unlawful act related to his/her duties (see Supreme Court Decision 2001Do3579, Oct. 12, 2001). Therefore, this part of the facts charged is deleted, since there is no disadvantage to Defendant A’s defense right.

2. Defendant B granted a bribe of KRW 5 million in cash to the president of the partnership on the pretext of supporting the workshop expenses at the date, time, and place under paragraph (1).

This part of the facts charged states that "the defendant B made an implied solicitation to the effect that "the defendant B made various conveniences in entering into a service contract" would be "the delivery of various conveniences", but this part of the facts charged is deleted for the same reasons as the above note 1.

Summary of Evidence

1. Defendants each of the second trial records.

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