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(영문) 대구지방법원 포항지원 2013.11.28 2013고단579
뇌물공여
Text

1. Defendant A shall be punished by a fine of KRW 5,000,000.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On January 201, Defendant A offered a bribe in relation to the official duties of public officials by soliciting “H” restaurant located in Jung-gu Seoul Special Metropolitan City, which was the chief of the Education, Science and Technology at the time, to the effect that “I want to establish a golf practice range at J University, and allowing J University to convert educational land into land for profit-making purposes,” and delivering KRW 5 million to B.

2. Defendant B received a bribe in relation to the official duties of a public official by receiving five million won from A as stated in paragraph (1) at the time, place, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The prosecutor's statement to K;

1. Each protocol of seizure;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment to a copy of the K Office Work Book, etc. - the offering of bribe related entries);

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

(a) Defendant A: Articles 133(1) and 129 of the Criminal Act;

B. Defendant B: Article 129(1) of the Criminal Act (the selection of a suspension of qualification and the concurrent imposition of fines pursuant to Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 6 of the Criminal Act;

1. Punishment to suspend the sentence (Defendant B), suspension of qualifications for one year, and fine of five thousand won;

1. Articles 70 and 69(2) of the Criminal Act (the daily conversion amount by the defendant B: 50,000 won);

1. Suspension of sentence (Defendant B) Article 59(1) of the Criminal Act (see the following grounds for sentencing):

1. The first sentence of Article 134 of the Criminal Act (Defendant B);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (Defendant A);

1. Defendant A’s mistake is against his own will; prior to the crime of this case, there is no past record of criminal punishment; and the amount of the bribe granted is not much different; and the punishment is determined as ordered in consideration of the circumstances.

2. Defendant B’s improper disposition, such as accepting money and valuables, in the location of a high-ranking public official.

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