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(영문) 인천지방법원 2012.09.13 2012고단6603
공무상비밀누설등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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, from March 4, 2008 to November 18, 2009, was a police officer belonging to the Incheon Southern Police Station C District District (Assistant) and was in charge of crime prevention patrol, arrest of criminals, and handling of reported cases, etc., and was working as a police officer belonging to the Incheon Metropolitan Police Agency from November 14, 201 to the traffic safety assistant patrol group.

1. Around May 6, 2009, the Defendant was aware of the fact that the Defendant was selling pseudo petroleum at the adult product stores located in the Nam-gu Incheon, Nam-gu, Incheon, and maintained a friendly relationship, such as borrowing money worth KRW 10 million from the victim.

On September 13:10, 2009, the Defendant was on patrol with G police officers and was on duty for crime prevention patrol at the Namdong-gu Incheon Metropolitan City, and was on duty with G police officers, the Defendant was ordered by the 112 Staff room that “if he sells similar gasoline at a store operated by E, he shall regulate it by means of a mobile phone, and then called “fresh, 112 reported,” and then shut down the door as soon as possible, after making a cell phone call to E.

'The 112 Report' and the 112 Report were notified.

As a result, the Defendant disclosed official secrets under the laws and regulations and, at the same time, knew of the fact that the above E commits a crime corresponding to a fine or heavier punishment, allowed the said E to escape.

2. At the time of fraud, the Defendant paid interest equivalent to KRW 300 - 4 million each month because the Defendant’s debt, such as financial institution loans and bonds, etc. is equivalent to KRW 200 million, and the said debt was seized, while there was no special property or income, etc., and thus, the Defendant was faced with economic failure due to economic failure. Therefore, even if the Defendant borrowed money from others, he did not have the intent or ability to pay the money, and even if the Defendant was a person nominated as a person suspected of fraud and arranged a loan to borrow money, H was aware of the fact that the Defendant had no intent or ability to pay the borrowed money.

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