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(영문) 대전지방법원 천안지원 2013.11.20 2013고합102
특정범죄가중처벌등에관한법률위반(뇌물)
Text

Defendant shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding 210,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From July 16, 2007 to December 31, 2010, the Defendant has overall control over the I business of the Institute while working for the Institute as H, etc.

1. Around August 2008, the Defendant received 60 million won from August 2008 to January 2009 under the pretext of providing control information as shown in [Attachment List Nos. 1 to 6] under the pretext of providing control information, upon receipt of a request from K, a pseudo Petroleum distributor and pseudo Petroleum C’s professional bromoer providing information on control of pseudo petroleum.” The case was: (a) received KRW 10 million from L under the pretext of providing control information; and (b) received KRW 60 million from August 2008 to January 2009 under the pretext of providing control information.

2. Around February 2009, the Defendant received KRW 150,000 from February 2, 2009 to November 201, 15 as a control information under the pretext of providing control information, upon receiving a request from the said L at the place specified in the foregoing paragraph (1) to the effect that “the monthly case is provided.” The Defendant received KRW 10,000,000 from February 2, 2009 to November 201, under the pretext of providing control information.

Accordingly, the defendant received a bribe of KRW 210 million in total over 21 million throughout 21 times on the duties of officers and employees of the Institute, which is deemed public officials.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness, L, P and M;

1. Statement of each prosecutor's protocol of examination of the accused in each prosecutor's office (including the part which is limited to the fourth protocol);

1. Entry of each protocol of suspect examination of L or P by the prosecution;

1. Entry of a written statement prepared by the defendant;

1. An investigation report (in addition to a copy of a control call control passbook), an investigation report [Attachment to a copy of the personnel records of the accused A (retirement on December 31, 2010), an investigation report (in relation to the duties of officers and employees of the Institute), and an investigation report;

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