Text
Defendant
A shall be punished by imprisonment with prison labor for four months and by a fine of two million won, and by a fine of two million won.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is deemed to be a public official under the National Health Insurance Act in charge of the duties, such as managing and supervising the cleaning management service company of the above hospital while entering G hospital in the aftermath of the facility team of the above hospital from March 1, 2014 to August 1, 2016, after serving as the head of the facility team of the above hospital. Defendant B operates H, a cleaning management service company of the above hospital.
1. Defendant A received a demand from the foregoing hospital B on August 2014, in cash, one million won as an honorarium.
The solicitation was made that the depreciation costs of cleaning equipment purchased by H were no longer claimed, so it was possible to claim the inclusion of the depreciation costs in the employee food room, and it was possible to remove cleaning equipment to be kept in the above hospital during the cleaning management service period so that H can be used for the other services of H.
Accordingly, the defendant accepted a bribe in relation to his duties.
2. Defendant B offered a bribe in relation to the official duties of a public official by providing a cash of one million won under the pretext of a honorarium in response to the solicitation to the above A at the date, time, and place specified in paragraph (1).
Summary of Evidence
1. Defendants’ legal statement
1. Statement of the police statement to I;
1. Application of Acts and subordinate statutes to investigation reports (examination of suspect B's solicitation);
1. Relevant Article of the Criminal Act and Article 129 (1) of the Criminal Act and Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Concurrent Imposition of Fines): Articles 133 (1) and 129 (1) of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) of the Criminal Act (Defendant 1) of the suspended execution;
1. The latter part of Article 134 of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Defendants’ duties should not be the subject of purchase.