2014Gohap162 A. Bribery

(b) Occupational embezzlement;

C. Acceptance of bribe

(d) good offices.

1. (a) A;

2. (c) d. B

An enzypty, and a trial for transfer of a vessel;

Law Firm C (for Defendant A)

Attorney in charge D

Attorney E (Defendant B)

April 10, 2014

Defendant A shall be punished by imprisonment with prison labor for ten months, by imprisonment for eight months, and by a fine of ten million won.

When Defendant B fails to pay the above fine, Defendant B shall be confined in a workhouse for the period calculated by converting KRW 100,000 into one day.

However, for two years from the date this judgment became final and conclusive, the execution of the above imprisonment with labor against Defendant A and Defendant B shall be suspended.

The penalty of nine million won from Defendant B shall be additionally collected.

Criminal History Office

1. Defendant A

(a) Bribery;

The defendant was engaged in advertising agency business, such as banner and poster, under the trade name of (ju)G in Gangdong-gu Seoul Metropolitan Government F building 307.

On September 7, 2011, the Defendant issued 10 million won in total to 3 public officials from September 7, 2011 to December 2012, 201, the Defendant offered a bribe in relation to the public official’s duties by providing 10 million won in total to 3 public officials from September 7, 2011 to December 2012, 201, to B in charge of the control of illegal advertisements, imposition of administrative fines, etc., to public officials belonging to the Gangnam-gu Office H, who are in charge of controlling and imposing administrative fines on illegal advertisements.

(b) Occupational embezzlement;

From January 2007, the defendant has been in charge of the operation of the company and the fund execution as the actual operator of the above (the victim)G from January 207 to the present.

From June 17, 201 to February 8, 2013, the Defendant received personnel expenses of KRW 121,977,068 for daily employed workers who are attached to the advertisements of the victim company from around June 17, 2011 to the new bank account under the name of the Defendant’s living, and embezzled KRW 28,187,218 for the victim company, and was in custody for the victim company, and then used KRW 28,18,218 for the personal purpose, such as living expenses.

2. Defendant B

A. Acceptance of bribe

The Defendant worked at H of Gangnam-gu Office from March 1, 2009 to February 28, 2012, and was in charge of the control and imposition of fines for negligence on illegal advertisements.

On October 6, 2011, the Defendant received 3 million won in cash in return for a request for enforcement of regulations, reduction of administrative fines, etc. on the advertisements attached by A, an advertising agent, at a coffee shop near Gangnam-gu, Gangnam-gu, Seoul, in which it is impossible to know the trade name near the Gangnam-gu Office, Seoul, and received 8 million won in total on three occasions, such as receiving 1 million won in cash from around the Gangnam-gu Office, around October 28, 201, and around February 7, 2012, around 2012, the Defendant received 4 million won in cash from the Defendant’s vehicle parked near the street in Gangdong-gu, Gangdong-gu, Seoul, and received a bribe in relation to the public official’s duties.

(b) good offices bribery;

As above, the Defendant worked at H of Gangnam-gu Office and moved to the K community service center from March 1, 2012 to take charge of general affairs, planning, etc.

On April 24, 2012, the Defendant received KRW 500,000 from the above public officials M of the Gangnam-gu Office H, who are the Defendant’s successors from the above public officials of the Gangnam-gu Office, in response to a solicitation to request the reduction of or exemption from administrative fines, etc. on advertisements attached by A without permission or reporting, and received cash KRW 500,000,000 in total on two occasions, such as receiving KRW 500,000 in cash on the roads near the same community service center, around November 14, 2012.

Accordingly, the defendant accepted a bribe as a public official on the intermediation of matters belonging to another public official's duties by taking advantage of his status.

Summary of Evidence

【Each fact of No. 1-A and No. 2】

1. Defendants’ respective legal statements

1. Each interrogation protocol of the prosecution against N orO;

1. Each police statement of P, Q and R;

1. A copy of a deposit passbook (I), a copy of a personal pocket book (A) among data submitted, a copy of personal pocket book (A) among data submitted, a copy of personal calendar calendar record (A) among data submitted, a report on internal investigation (receiving photographs of a receipt submitted for reference), a report on investigation (receiving of a receipt for reference materials), a copy of a report on investigation (related to the statement by the G retirement staff S), a copy of the account details in the name of the new bank I, and a report on investigation (the result of

【No. 1-B.】

1. Defendant A’s legal statement

1. A copy of account statement in the name of a new bank;

Application of Statutes

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

(a) Defendant A: Articles 133(1), 129(1), and 132 of the Criminal Act (including the offering of a bribe and the offering of a bribe by each consignee), 356, and 355(1) of the Criminal Act (the offering of a bribe) of the Criminal Act; the selection of each imprisonment sentence;

B. Defendant B: Not less than Article 129(1) of the Criminal Act (a) and Article 132 of the Criminal Act (a comprehensive provision of the acceptance of bribe), and not less than imprisonment with labor

1. Imposition of fines concurrently;

Defendant B: Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Defendant B: Article 53, Article 55(1)3, and Article 55(1)6 of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing);

1. Detention in a workhouse;

Defendant B: Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) of each Criminal Code (The following consideration of favorable circumstances among the reasons for sentencing):

1. Additional collection:

Defendant B: the latter part of Article 134 of the Criminal Act

Reasons for sentencing

1. Defendant A

(a) Application of the sentencing criteria;

1) Bribery

[Determination of Type] Acceptance of Bribery less than 3 million won

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of April to 10 months

2) Crimes of occupational embezzlement

[Determination of Punishment] The amount of less than KRW 100,00,000

[Special Convicted Persons] Reductions: Substantial one company, family company, penalty, or significant damage has been recovered.

【Decision on the Recommendation Area】 Special mitigation Area

[Scope of Recommendation] Imprisonment from one month to 10 months

3) Imprisonment with prison labor for not less than four months and not more than one year and three months (the scope of sentence for the crime of offering of bribe, which is a basic crime, plus one-half of the upper limit of sentence for the crime of occupational embezzlement)

(b) Determination of sentence;

The Defendant offered a bribe equivalent to KRW 10,000 to three public officials of the Gu office in order to avoid the crackdown on illegal advertisements, and embezzled KRW 28,00,000 of the company’s funds. However, the nature of the crime is not that of the Defendant. However, the Defendant’s mistake is against himself/herself. The victimized company does not want to punish the Defendant, but the employees of the victimized company want to have the Defendant’s preference to the Defendant. There is no history of criminal punishment exceeding the fine. There is no history of criminal punishment against the Defendant. All of the above circumstances, sentencing conditions, and all of the matters prescribed in Article 51 of the Criminal Act, the punishment shall be determined as ordered by the order.

2. Defendant B

(a) Application of the sentencing criteria;

1) The acceptance of bribe

[Determination of Punishment] Acceptance of Bribery less than one million won

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment with prison labor from four months to one year

2) The sentencing criteria for the crime of acceptance of bribe are not set.

3) Since multiple crimes constitute concurrent crimes under the former part of Article 37 of the Criminal Act among crimes for which the sentencing guidelines are set and those for which the sentencing guidelines are not set, the standards for multiple crimes do not directly apply. However, the lower limit of the punishment is based on the lower limit of the sentencing guidelines for the crime of acceptance of bribe.

(b) Determination of sentence;

The Defendant received a bribe of KRW 8 million in total on three occasions under the pretext of the crackdown on illegal advertisements and received money from the public official in charge of the crackdown on two occasions upon the request of the public official in charge of the crackdown on two occasions. By doing so, there was a violation of social trust on the fairness and non-purchase of public official's duties.

However, the Defendant is in profoundly against and back to one’s wrong disposition. The Defendant is the primary offender. In addition, the Defendant is determined as the same as the disposition, taking into account all the sentencing conditions, such as the Defendant’s age, character and conduct, and family relationship.

Freeboard of the presiding judge and judge

Judges Park So-young

Judges, Senior Superintendent-General

A person shall be appointed.