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(영문) 광주지방법원 2016.08.19 2016고합55
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

A defendant shall be punished by imprisonment for a term of four years and a fine of 80 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Since the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) was elected as a member of the E-Council on July 1, 2010 through a six-time local election around July 1, 2010, the Defendant continued to be elected as a member of the E-Council and serve as a member of the E-Council in the local election. From July 5, 2012 to June 30, 2014, the Defendant was serving as the chairman of the E-Council.

On August 2012, the Defendant received a request from F to the effect that “F employment is changed by requesting the person in charge of the personnel affairs of the E-Gu office to find employment of F children G to E-Gu office by taking advantage of the position of the Speaker of the E-Gu Council.”

Accordingly, on September 5, 2012, the Defendant posted a telephone to F, and “to prepare money to request the personnel in charge of the personnel of the E-Gu office in connection with the employment of G,” the Defendant received KRW 15 million from F to H bank account in the name of H under the pretext of solicitation, and deposited KRW 5 million to the agricultural bank account in the name of H on the same date on October 26, 2012. On March 5, 2013, the Defendant received KRW 20 million in cash from J apartment parking lot under the same name on the first floor of J apartment.

Accordingly, by taking advantage of the status of the Speaker of the E-Gu Council, the Defendant received a total of KRW 40 million (hereinafter referred to as “the instant money”) over three occasions about arranging matters belonging to the duties of a person in charge of personnel affairs of the E-Gu office, by taking advantage of the status of the Speaker of the E-Gu Council, who has the authority to conduct an administrative audit and budget review of the E-Gu office.

2. The defendant against the victim F is a person who is in office as a member of the E-Council and is concurrently in office as a representative director of K in the case of paragraph 1.

On January 29, 2015, the Defendant paid interest on the money borrowed from a bank to the victim F on or around January 29, 2015, and if he/she fails to pay interest, he/she should promptly sell the site of a driving school.

On the face of lending KRW 200 million, bank interest shall be repaid so that the site of driving school shall not be sold at the intermittent value, and the profit shall be paid by selling the land at least KRW 1,350,00 per square.

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