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(영문) 서울중앙지방법원 2016.09.23 2016고합701
특정범죄가중처벌등에관한법률위반(뇌물)
Text

Defendant

A shall be punished by imprisonment for four years, and imprisonment for two years and six months, respectively.

Defendant

A 75,000,000 won,

Reasons

Punishment of the crime

To the extent that the facts charged in the indictment do not disadvantage the defendants' exercise of their right to defense, some correction or correction was made according to the facts obtained through the examination of evidence.

Defendant

A is employed as the director in charge of price investigation of the materials management team of G Corporation from February 20, 2007 to January 11, 2009, and Defendant B as the director in charge of price investigation of the materials management team of G Corporation from January 3, 2008 to January 11, 2009, respectively. A is a person who has been in charge of duties such as setting the basic price of the annual unit price contract of the former unit price contract of H Cooperatives and concluding annual unit price contracts with H Cooperatives, and is regarded as a public official in the application of bribery pursuant to Article 4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 2 subparag. 17 and Article 3 subparag. 1 of the Enforcement Decree of the same Act.

1. On April 30, 2008, Defendant A received KRW 75 million in return for the provision of convenience, such as ensuring that the unit price increase can be made in the process of concluding the former unit price contract between G Corporation and the above association, within the Defendant’s vehicle parked in the Gangwon Civil Park parking lot located in Pyeongtaek-dong, Chungcheongnam-si, Seoul Metropolitan Government.

Accordingly, the defendant, who is deemed a public official, received a bribe in relation to his duties.

2. On May 9, 2008, Defendant B received KRW 30 million in cash in return for the provision of convenience, such as giving and receiving KRW 30 million in return for the provision of the unit price increase in the process of concluding a unit price unit price contract between G Corporation and the foregoing Association in 2008 from the above I to the K K-type located in Songpa-gu Seoul Metropolitan Government J.

Accordingly, the defendant, who is deemed a public official, received a bribe in relation to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each prosecutor's statement protocol against I, L, and M (including N in the second prosecutor's statement protocol against M) 1.

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