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Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is the fourth line Gu Council member of the Busan City Council (H Dong, I Dong Dong area), and the defendant B is the third line Gu Council member of the Busan City Council (J Dong, K Dong area).
In the election of the chairperson and the chairperson of the Gu Council by dividing them into the first half and the second half, the chairperson of the Gu Council shall agree to elect L Council members, the second half of the term of office (from July 1, 2014 to June 30, 2016) of the Gu Council members, and the second half of the term of office (from July 1, 2016 to June 30, 2018), and the chairperson of the Gu Council shall be elected from the first half of the term of office to the second half of the term of office, and the member of the Gu shall be elected from the first half of the term of office to the second half.
However, in the latter half, L Council members were divided into M (L, U, V, W, X, Y, Z, Z, AB) and L (L, U, V, W, Y, Y, Z, AB) with the reversal of the agreement by L Council members, and the M Council members and the defendant A were competitive relations with L Council members by the declaration of the chairperson at the side of M Council members.
1. On June 22, 2016, Defendant A made a proposal to the effect that Defendant B may provide Defendant B with KRW 20 million in return for the renunciation of the chairperson of the Gu Council, Ming to the members who are candidates for the Speaker of the Gu Council at the time, Ming Council, who are candidates for the Speaker of the Gu Council at the time, with KRW 20 million in return for the waiver of the chairperson of the Gu Council.
Accordingly, Defendant A expressed his intent to accept a bribe in relation to the official duties of the public official.
2. On June 24, 2016, Defendant B made a call to M members in the dwelling area of Defendant B located in Busan AD, Defendant B, stating that “A shall provide KRW 20 million if the Speaker renounces his going out of the second half of the Gu Council.”
Accordingly, Defendant B, by facilitating Defendant A’s expression of intent to deliver a bribe, has prevented Defendant B from doing so.
Summary of Evidence
1. Defendant B’s legal statement
1. The legal statement of the witness B (as to the defendant A)
1. Legal statement of the witness M;
1. A protocol concerning the examination of the suspect of the defendant or B by the prosecution;
1. Each police statement made with respect to AE, B, M, and AF;
1.Each.