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(영문) 창원지방법원 2015.06.25 2014노2811
뇌물수수등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a year and February of one year and a fine of KRW 50,344,00.

The defendant above.

Reasons

1. The sentencing of the lower court (a fine of two years and six months of imprisonment and a fine of ten thousand won, an additional collection of KRW 25,172,00) is too unreasonable.

2. The Defendant, who is an employee of the National Health Insurance Corporation that requires high level of ethics and integrity in the performance of duties corresponding to public officials, received or demanded a bribe of at least 30 million won in total over 13 times during the period of up to one year, and such crime is more bad in that the Defendant actively demanded a bribe.

In addition, the defendant suffered damage to the above Corporation due to actual or inappropriate business handling, and the damage eventually leads to the general society.

However, even if considering the above unfavorable circumstances, the court below's punishment is too heavy if it takes into account the defendant's status deemed as a public official, the mistake is recognized, and the defendant works in good faith in the National Health Insurance Corporation, and there is no record of crime, and the total amount of bribe received in the trial was deposited in order to return to the donor. Of the amount confirmed by the above Corporation, 11,573,250 won was deposited for the above Corporation as part of the insurance premium that was failed to collect among the amount that was incurred by the defendant's act, and the sentencing conditions specified in pleadings such as the defendant's age, character and behavior, environment, circumstances and result of the crime, and circumstances after the crime.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of BB, T,L, V, B, M, S, and W;

1. Each prosecutor’s protocol of statement against I, J, K, L,O, P, Q, U, and X.

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