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(영문) 광주지방법원 2017.03.24 2016고단5645
뇌물수수등
Text

The sentence against the accused shall be determined by one year and six months of imprisonment, and a fine of 16 million won.

The above fine shall be imposed on the defendant.

Reasons

Punishment of the crime

On July 9, 2014, the Defendant is a person who was appointed as a secretary of the E market and is in charge of assisting the E market in overall F affairs, such as personnel, construction, and purchase of goods, until now.

1. From August 2015, the Defendant: (a) from around August 2015, the Defendant was aware of the fact that he/she had been in charge of the purchase of goods in the F Self-Governing Administrative Bureau as a market secretary; (b) exercised influence on the said accounts and officials G; and (c) had been aware of the fact.

He was selected as an enterprise that supplies goods to the F, and in return, H and I had the mind that H and I would receive fees from the enterprise selected as a goods delivery business entity.

On August 2015, the Defendant introduced H to G and directed G to enable it to select a company designated by H as a goods delivery company by introducing H at the K’s nearby coffee shop located in J, and around that time, the Defendant stated that “Around that time, in cooperation with K, we see the day of the K government-funded contract.”

Then, the Defendant instructed G to introduce I and H as a goods delivery company at the L coffee shop in the J around September 2015 to October 2015.

According to the relevant laws, such as local finance laws and regulations, finance accounting rules, laws and regulations on contracts to which local governments are the parties, laws and regulations on procurement projects, and regulations on discretionary settlement of F affairs, F order construction works, services, and contracts for purchase of goods are designated as the duties of the director of the autonomous administration bureau and the director of the accounting division, who is the finance officer, as the duties of the director of the division of the finance officer, and in particular, in the case of the request for purchase of government-funded materials (purchase) or the manufacture and purchase of goods not exceeding KRW 500 million,

In addition, the contract for the purchase of one F's goods: ① the contract department (accounting) request the contracting department to purchase the goods; ② the contracting officer of the contracting department is F.

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