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1. The Defendant’s KRW 4,055,269 as well as 5% per annum from December 4, 2018 to March 26, 2020, respectively, to the Plaintiff.
Reasons
Basic Facts
A. The Plaintiff is a police officer who was appointed as a policeman on November 13, 1993 and was promoted as of December 1, 2013, and served in B district from February 13, 2014 to February 13, 2014.
B. On November 15, 2016, the Plaintiff was indicted as the facts charged of bribery that “the Plaintiff received a bribe of KRW 14 million in total on 14 occasions from October 2014 to January 2015 regarding matters pertaining to public officials’ duties.”
On October 14, 2016, the Seoul Local Police Agency ordered the Plaintiff to issue a standby order, and on December 2, 2016, the Plaintiff constitutes “person who was prosecuted for a criminal case” as above, and dismissed the Plaintiff from position pursuant to Article 73-3(1)4 of the State Public Officials Act.
(hereinafter referred to as “instant standby Order” and “Disposition of Removal from Position” C.
On August 24, 2017, the court of first instance found the Plaintiff guilty of the facts charged that “the Plaintiff received a total of four million won from October 2014 to January 2015 by the head of an entertainment tavern business entity in connection with his/her duties,” and sentenced the Plaintiff to a penalty of KRW 4 million by imprisonment with labor for two years and six months and a fine of KRW 8 million, and sentenced the Plaintiff to a penalty of KRW 4 million, and acquitted the remainder of the facts charged.
(Seoul Central District Court 2016Gohap1179). As to the guilty portion, the plaintiff appealed to the guilty portion, and the prosecutor appealed to the acquittal portion.
On February 9, 2018, the appellate court reversed the judgment of the first instance court that found the facts charged guilty on the grounds that there is no proof of crime, and sentenced the plaintiff not guilty of all the facts charged.
The Prosecutor appealed against the above appellate judgment (Supreme Court Decision 2018Do4021), but on July 12, 2018, the dismissal of the Supreme Court's appeal became final and conclusive by a judgment of the said appellate court.
(hereinafter “related criminal case”) d.
On the other hand, the Seoul Local Police Agency has related criminal cases.