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(영문) 대전지방법원 2020.12.16 2020고단2590
특정범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in charge of the business affairs of products sold by the Dispute Resolution Co., Ltd., in the Seo-gu Daejeon Special Metropolitan City, from July 2016 to January 2019.

On August 2016, the Defendant received the request from D, the president of the F Bank in the name of the Defendant, to supply products, such as E, which are disinfection trees sold by D, to the Ministry of National Defense, at the office of the president of the F Bank in the Dispute Resolution Co., Ltd., and, upon receipt of the request from D, the Defendant stated that D, “I would make it possible to supply them to the Ministry of National Defense by exercising influence, because they have known to the Ministry of National Defense,” and, on August 29, 2016, the Defendant received 5,000,000 won from D to the F Bank account (number : G) in the name of the Ministry of National Defense as stated in the attached Table of Crimes from February 25, 2017, and received transfer of KRW 13,80,000,000 in total from D to February 29, 2017.

As a result, the defendant received money and valuables on the intermediation of matters belonging to public officials' duties.

Summary of Evidence

1. Partial statement of the defendant and D

1. Each prosecutor's statement concerning D, H, I, J, K, and L;

1. D siren-type text messages, Kakaothization extraction materials, D, and text messages conversation outputs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that a defendant receives KRW 13.8 million under the pretext of solicitation and good offices of the persons related to the Ministry of National Defense. This is a crime that damages the public trust in the society regarding the fairness and inequality of the duties performed by the public officials.

(b).

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