2010 Highly 511 Acceptance of bribe

Do88 (64 Years, South Korea) Public educational officials,

Residential Suwon-si District:

whose place of registration is known

Doctrine

Law Firm Aarian, Attorney Kim Kim-han

June 1, 201

The sentence of sentence against the defendant shall be suspended.

3 million won shall be additionally collected from the defendant.

Criminal facts

The Defendant is a public educational official belonging to the Gyeonggi-do Office of Education in charge of repair science since March 1, 2009, who was ordered to work for a high school in early 2008, and is the guidance teacher who is in charge of the production and guidance of invention in the first-year student class 88 of the above high school participating in the Gyeonggi-do Office of Education in the Gyeonggi-do Science Education Center and the Gyeonggi-do Office of Education in the 31st Gyeonggi-do Office of Education in 2009, which was supervised by the 31st Gyeonggi-do Office of Education.

On April 15, 2009, the defendant sent the 888 students' invention to a regional tugboat of the Masongsan District Office of Education for the forum that he/she has claimed and manufactured, and on April 15, 2009, 88 students were entitled to participate in the main line of the competition by receiving a special prize in the said regional tugboat.

피고인은 2009 . 4 . 중순경 재료비가 얼마나 들었는지를 물어보는 추88 학생의 어머 니인 김▦에게 ' 돈이 많이 들어갔는데 알아서 달라 ' 고 하여 그녀로부터 재료비로 100 만 원을 교부받은 다음 2009 . 4 . 20 . 경 ' 도 대회에 참가하기 위해서는 지역예선 출품작 을 보완해야 한다 ' 고 하여 김▦▦로 하여금 보완하게 하였음에도 피고인이 설명한 대 로 보완하지 않았다고 하면서 김과 함께 공구를 구입하러 가면서 김▦▦에게 " 과 학고등학교에 다니는 아이들은 아이디어 비용으로 1 , 000만 원 이상을 지도 선생에게 준다 " 는 말을 하여 부담감을 갖게 하였다 .

피고인은 2009 . 4 . 하순경 위 학교 복도에서 주88에게 " 지역 예선에서 입상한 발명 품을 보완해서 도 대회에 참가해야 하는데 본격적으로 어머니와 상의해야 한다 " 고 말 하여 추88을 통해 김▦▦을 학교로 오게 하였으나 김▦▦이 학교로 오지 않자 추8 8에게 " 이대로 나가면 입상을 못한다 . 너의 어머니께서 네가 좋은 대학교에 못 가도 상관없어 하시는 것 같다 " 라고 말하였고 , 추88은 집으로 돌아와 김▦▦에게 " 엄마 왜 학교 안가 , 업그레이드 안하면 대회에 지장이 있다고 하잖아 , 선생님이 계속 엄마 보자 고 하는데 왜 안가 " 라고 울면서 말하여 김▦을 학교로 오게 하였다 .

피고인은 2009 . 5 . 1 . 16 : 00경 위 학교 2층 교무실을 방문한 김開에게 " 내 자식 같으 면 500만 원이든 , 1 , 000만 원이든 돈을 들여서 하겠다 . 도 대회 관계자에게 술도 한 잔 사야하고 , 선물도 보내야 한다 " 라고 말하고 다른 대회에서 대상을 받고 전국대회에 나 가 좋은 대학에 간 학생의 예를 뽑은 인터넷 자료를 보여주면서 암묵적으로 금품을 요 구하여 같은 날 19 : 00경 화성시 OO동에 있는 상호불상의 횟집에서 김▦로부터 주 88 이 도 대회에서 좋은 결과를 받을 수 있도록 편의를 봐달라는 취지로 300만 원을 건네받았다 .

이로써 피고인은 직무에 관하여 김▦▦로부터 300만 원을 교부받아 뇌물을 수수하였 다 .

Summary of Evidence

1. The defendant's partial statement in court;

1 . 증인 김▦▦ , 서 * * 의 각 법정진술

1. 피고인에 대한 각 검찰 피의자신문조서 중 일부 진술기재 ( 김▦▦ 진술 부분 포함 )

1. Each prosecutor's protocol of examination of Kim-B (including the statement section of 88 per week);

1. Written statement by the prosecution*

1. Statement of the police officer concerning the police officer;

1. A copy of the passbook, a quotation, customized book, data to introduce chairss, and investigation reports (in addition to a summary of works, etc.);

Attachment of a photograph of display of a student's scientific invention competition, investigation report (Attachment of a recording file), recording record, and transaction of passbook;

A detailed statement

Application of Statutes

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

Article 129(1) of the Criminal Act (Selection of Imprisonment)

1. The punishment to suspend the sentence;

Imprisonment for six months;

1. Suspension of sentence:

Article 59(1) of the Criminal Act (The following extenuating Conditions in Sentencing)

1. Additional collection:

Article 134 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant asserts that the above three million won was received from the student's parents in terms of the cost of the idea and the cost of the production, since the defendant, a guidance teacher, provided the idea for the invention and made the invention by paying the cost, although the student proposed the idea in participating in the student's scientific invention contest and shared the use of the work, the defendant, who is the guidance teacher, received the above three million won from the student's parents in terms of the idea and the cost of the production.

2. Determination

The legal interest in the crime of bribery is the process of performing the duties of a public official, the trust in the society, and the impossibility of performing such duties. Since the bribery does not require any solicitation or unlawful act, it does not require any special solicitation to recognize the bribe of money and valuables received, and there is no need to have an individual job performance or a quid pro quo relation. In addition, when a public official receives money and valuables or other benefits from a person who is subject to his duties, it is deemed that it is only an exceptional cost in light of the social norms, or it is clearly recognized that private pro rata relationship is due to the demand of the school. Unless there are special circumstances, it cannot be deemed that there is no relation with his duties. If a public official received money and valuables in relation to his duties, even if he received money and valuables in relation to his duties, such money and valuables shall be a bribe, and furthermore, it shall be deemed that there is no doubt that the crime of bribery is fair and trust in the society.

앞서 든 증거들에 의하여 인정되는 다음과 같은 사정을 종합하면 , 피고인은 고 등학교의 교사로서 학생과학발명품경진대회에 참가하는 소속 학생을 지도 · 감독하는 직무를 수행하고 있었고 , 피고인의 직무 내용이 그와 같은 이상 , 피고인이 학부모 김▦ ▦로부터 수수한 300만 원은 피고인의 직무와 관련된 뇌물이라고 할 것이고 , 위 금원 의 수수가 위 대회의 참가 과정에서 피고인이 지출한 비용을 반환받는 것에 해당된다 . 고 볼 수 없다 . 따라서 피고인의 위 주장은 받아들일 수 없다 .

① The Defendant, as the chief of the repair and science department of high school, operated an invention team comprised of two students who wish to participate in the Gyeonggi-do 31th 2009 Gyeonggi-do 31st 2009 to establish a plan for the idea-building and production for exhibition work, and performed not only providing background knowledge or theoretical and practical advice in the process, but also performing a role such as resolving problems difficult to deal with the students by participating in the production process in order to achieve the objective of the competition, such as the development of creativeness and the enhancement of scientific knowledge, was in the position to perform the duties of instruction and supervision against the students, and actually performed such duties;

② As above, since the purpose of the said Games is to develop creativity and cultivate scientific research to students through scientific invention activities, the participating students must display the invention that they have made an idea by themselves as the principal agent, and the role of the guidance teachers shall be limited to the encouragement, guidance, and supervision of the idea of participating students and the production of the invention accordingly. However, the Defendant, on behalf of the participating students in the said competition, directly performed the production of the invention with the proposal of the idea and the production of the invention, pretended that the invention is designed and produced by the student and sent the invention to the said competition.

③ Article 15 of the Gyeonggi-do Ordinance on Exhibitions of Scientific and Educational Materials provides that "the exhibitor shall have the decorations, equipment, etc. of the exhibition, and the participant shall bear the expenses incurred in relation to the smooth transportation, etc. of the exhibition." Accordingly, in the above competition, the student's expense for the production of the invention is in principle borne by the student and his/her parents. Thus, if a guidance teacher has disbursed any physical expenses on behalf of the student's parents in the production of the invention, he/she may receive a refund from the faculty only for the actual expenses. However, in light of the purpose of the above competition holding that he/she develops creativity and aims to explore science, a student shall voluntarily create the idea of the invention and shall not receive or purchase it from a third party. Thus, even if the defendant provided the idea to a guide student, it cannot be evaluated as a reasonable expense for the production of the invention, and it cannot be evaluated as a fair expense for the production of the invention.

④ Although the Defendant disbursed the production cost of an invention, the Defendant was merely receiving a quotation only from the manufacturer company, and did not actually arrange the receipt for the disbursement of the cost and presented it to parents or demanded the settlement of the cost that was withdrawn;

⑤ 학부모인 김▦▦은 피고인이 구체적 명세의 제시 없이 알아서 비용을 정산해 달 라고 요청함에 따라 100만 원을 이미 제작비용 명목으로 피고인에게 지급한 적이 있 고 , 그 후 피고인이 추88 학생에게 ' 너의 어머니께서 네가 좋은 대학교에 못 가도 상 관없어 하시는 것 같다 ' 고 말하였을 뿐만 아니라 , 김▦에게 직접 ' 내 자식 같으면 500만 원이든 , 1 , 000만 원이든 돈을 들이겠다 . 도 대회 관계자에게 술도 한 잔 사야 하 고 , 선물도 보내야 한다 ' 고 말하자 , 이에 김▦▦은 혹시 자녀가 학교생활에 어떠한 불 이익을 당할까 두려운 마음이 들어 피고인에게 300만 원을 지급하였다는 것이므로 , 위 300만 원의 수수는 아이디어 제안과 발명품 제작비용과 관련성이 부족한 점 .

Reasons for sentencing

1. The scope of punishment;

Imprisonment with prison labor for not less than one month nor more than five years;

2. Application of the sentencing criteria;

[Determination of Type] Bribery and Bribery No. 1 (less than KRW 10 million)

(Special Convicted Persons)

- Aggravations: None

- Reduction element: Return of Bribery prior to the commencement of an investigation

[Scope of Recommendation Form]

Imprisonment for not less than one month but not more than six months;

3. Determination of sentence;

The crime of this case is that the defendant, a guidance teacher, received a bribe of 3 million won from the student's parents participating in the student science and art competition, and considering the purpose of the above competition called "development of students' creative ability and development of scientific knowledge", the production and display of the invention must be carried out under the student's own responsibility and implementation, and the fairness of the competition should be guaranteed. However, the defendant, as a guidance teacher, directly carried out most of the activities such as design, production, and supplementation on the basis of the ID of the principal's proposal, and sent the gold invention to the student and received the price from the parents. This constitutes a violation of fairness in the performance of duties as a teacher and the trust thereof, and thus, it is not likely that the defendant's production and display of the invention would not be subject to any significant social distort with our society, and it is also not likely that the defendant's production and distribution of the product would not be subject to any significant social distort.

However, according to Articles 69 and 33 of the State Public Officials Act, the defendant has been serving 20 times or more, such as the Prime Minister's exemplary public official award and the commendation of the superintendent of education of Gyeonggi-do, and the amount of bribe received is not so significant, the defendant needs to be returned by paying considerable expenses for the production of invention of students, the defendant has returned the full amount of bribe received before the commencement of the investigation, there is little possibility of recidivism because the defendant has no record of committing the same crime, and the defendant is divided into one, and the defendant is subject to disciplinary action, apart from the fact that he is subject to punishment, he is deprived of his teaching position as a matter of course. However, according to Articles 69 and 33 of the current State Public Officials Act, the above provision is naturally retired from public service even if he has been sentenced to a suspended sentence of imprisonment without prison labor or more for having committed a crime of bribery, but the above provision is applied from 20th to 20th 20 or more of the previous 20th 201.

It is so decided as per Disposition for the above reasons.

Judge Lee Dong-hoon

Judges Park Il-young

Judges Kim Jong-han