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1. Defendant A shall be punished by imprisonment for six months and a fine of two million won;
The above fine shall not be paid by the defendant.
Reasons
Criminal facts
【Criminal Records】
1. On May 24, 2012, Defendant A was sentenced to a suspended sentence of ten months of imprisonment with prison labor for the crime of acceptance of bribe at the Busan High Court, and the judgment became final and conclusive on December 13, 2012.
2. On October 20, 201, Defendant B was sentenced to the suspension of the execution of imprisonment without prison labor in August 28, 201 due to a crime of occupational negligence and negligence in the branch of the Daegu District Court Port on the part of October 201, and the judgment became final and conclusive on October 28, 201.
[Criminal facts]
1. Defendant A was elected as the president of the H (hereinafter “H”) association around October 2, 2007 and was responsible for overall supervision of H’s personnel affairs, financial affairs, etc., and is deemed as a public official under the Act on the Aggravated Punishment, etc. of Specific Crimes.
On August 2011, 201, the Defendant, while preparing for the re-election of the H president in 201, knew that there are many concerns about the employment problems of J, which was introduced through H TW I due to the lack of election funds, as a result of the lack of election funds in preparing for the re-election of the H president in 201, he will have a patrolman B and a golf meeting, and will have him find employment in the partnership in a meal place.
“.......”
On August 19, 2011, the Defendant borrowed KRW 50 million in cash from the Defendant’s election office located in the fourth floor of the L Building near K to H as H staff, and specially employed J as H’s short-term worker around December 1, 201.
As a result, the Defendant acquired a bribe equivalent to 50 million won in financial interest with respect to the duties of H association presidents deemed public officials.
2. Defendant B received the proposal as described in paragraph (1) from A at the date, time, and place described in paragraph (1) and consented thereto, and gave a loan of KRW 50 million in cash as a honorarium for the employment of J.
As a result, the Defendant offered a bribe equivalent to the financial interest of KRW 50 million in connection with the duties of H association presidents deemed as public officials.
Summary of Evidence
1. Partial statement of the defendant A (as at the third trial date) and the legal statement of the defendant B;
1. A witness I.