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(영문) 수원지방법원 평택지원 2012.12.21 2012고단127
뇌물수수
Text

Defendant

A A shall be punished by a fine of five million won, and Defendant B shall be punished by a fine of three million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a police officer who has served as the chief of the Boan Police Station E in the Chungcheong Police Agency, and is in the same relationship with B.

On March 2008, when the Defendant worked in F of the Cheongju Police Station F at the end of the Cheongju Police Station, the Defendant received a solicitation from pro-Ma to ensure that the illegal game rooms of the 7th floor of the H building in the Cheongju-si, a considerable area of the Cheongju-si operated by G are not controlled, and the Defendant consented to B’s request by the police officer after the Cheongju Police Station.

On March 2008, the Defendant received one million won in cash from B under the same name from B in a plaza located in Cheongju-si, considerable area of Cheongju-si, and two million won in cash from the front day of the billiard located in I on April 2008, respectively.

As a result, the defendant received a bribe equivalent to three million won in cash in relation to the duties of police officers.

2. Defendant B

A. As seen below, Defendant A was acquitted of the part concerning the acceptance of bribe on the vehicle exchange received by Defendant A and sentenced Defendant B to the conviction of the offering of a bribe. In order to establish the crime of offering a bribe, the act of offering a bribe and the receipt of the goods, etc. having monetary value on the other party’s side is necessary, and the other party’s act of receiving a bribe is not necessarily required to establish the crime of acceptance of bribe.

(Supreme Court Decision 2005Do4737 Decided February 24, 2006). On the other hand, the defense counsel must rate the defendant B to the crime of delivering brains. However, although Eul designates the type of bribe and, if G games are well prepared, he was in a public contest relationship to receive living expenses, and unlike the agreement with G, he was given cash independently by receiving A's own low-income vehicle. Thus, it is reasonable to rate B to the crime of delivering brains, rather than the crime of delivering wastes.

G is a substantial Gu of Cheongju from March 2008 to April 11, 2008.

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