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집행유예선고유예
서울서부지방법원 2013고단2289 판결

뇌물수수

Cases

2013 Highest 2289 Acceptance of bribe

Defendant

1. A;

2. B

Prosecutor

Kim Byung-chul (Lawsuits) and Cho Jong-do (Trial)

Defense Counsel

Law Firm* (For the Defendants)

Attorney Park Jong-young*, United States*

Imposition of Judgment

February 19, 2014

Text

1. Defendant A

A. Defendant A shall be punished by a fine of 500,000 won.

B. When Defendant A does not pay the above fine, the above Defendant shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.

C. The sentence of qualification suspension against Defendant A is suspended.

D. 189,00 won shall be collected from Defendant A.

2. Defendant B

A. Defendant B shall be punished by imprisonment for not more than four months and by fine not exceeding 4,00,000 won.

B. Where Defendant B did not pay the above fine, the above Defendant shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.

(c) however, suspend the execution of the above imprisonment with prison labor for one year from the date this ruling became final and conclusive;

D. 1,600,000 won shall be collected from Defendant B.

Reasons

Criminal facts

The Defendants were public educational officials of the Seoul Office of Education from March 2010 to February 201, 201, Defendant A** 2nd grade* elementary school. Defendant B was in Seoul* * 4th grade * elementary school from March 2012 to February 2013.

1. Defendant A

On March 2010, the Defendant: (a) sent a telephone call to the above D on April 2010 to make a promise and settlement in the name of her children’s leend meal on May 5, 2010; (b) the said D immediately intended to make a settlement under the name of her children in Seoul* * 2nd grade * in Seoul* in 2nd grade * in 1st grade * in half class D; (c) the mother of C who is a class at the school as the representative of her parents; and (d) the Defendant requested the flasing of drinking at the school; or (d) the Defendant would cause the flasing of the cooling house that he uses for a personal purpose for one year; and (e) the Defendant made a promise to make a settlement under the name of her children’s leend meal on the day of May 5, 201.

5. 5. The Defendant’s family members together with five meals.

As a result, the Defendant received a bribe equivalent to KRW 189,00 from the above D in relation to his duties; 2. Defendant B

A. The Defendant around March 2012: Seoul* * 4th grade in elementary school * in half class class class D in half class class D, the mother of C, who is the Defendant’s class student, brought about a case where he could not be used to carry out an election campaign. The Defendant received a delivery of KRW 300,000 for the department store gift certificates from D, which was found to be a class.

B. On May 2012, the Defendant left school around Seoul* * in the fourth grade class of elementary school* in the half grade class* in the half grade class of elementary school but C was subject to school violence, and neglected it, thereby requesting C well by D.

(300,000 won is delivered to the department store upon receipt of a request to the effect.

C. On July 2012, the Defendant received KRW 300,00 for department store merchandise coupons from D upon request of C to leave it alone without any improvement even though C continued to be in school violence and was bullying, even though C was subject to grouping. Rather, the Defendant left it alone, and received delivery of KRW 300,000 for department store merchandise coupons.

D. The Defendant: (a) around September 2012, the Seoul** 4th grade * in the fourth grade * in an elementary school; (b) at a two-day school training meeting for a certain period of 3th day of 200, and (c) obtained from D, a letter of articles of incorporation equivalent to KRW 300,000,00 for a department store gift certificates and the market price of KRW 200,000,00,000 for 1st day of 200.

Accordingly, the Defendant received a bribe equivalent to KRW 1.2 million and the red ginseng product amounting to KRW 400,000,000 from D in total four times in relation to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendant B’s protocol of interrogation of the suspect in the prosecution; Defendant B’s protocol of interrogation of the suspect in the police station;

1. The pictures of each text message;

Application of Statutes

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

○ Defendant A: Article 129(1) of the Criminal Act (Selection of Suspension of Qualification) and Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Concurrent Imposition of Fines)

○ Defendant B: Article 129(1) of the Criminal Act (Optional to Imprisonment) and Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Concurrent Imposition of Fines)

1. Aggravation for concurrent crimes;

○ Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

○ Defendants: Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

○ Defendant B: Article 62(1) of the Criminal Act

1. Suspension of sentence;

○ Defendant A: Article 59(1) of the Criminal Act

- Punishment to be suspended: Suspension of qualifications for one year;

- Defendant A received hotel meals from D, but limited to one time, and the amount was not relatively large, returned the same amount to D thereafter, and taking into account all the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, and environment.

1. Additional collection:

○ Defendants: Article 134 of the Criminal Act

Judges

Judges Lee Jin-jin