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(영문) 대전지방법원 2014.12.12 2014고합321
뇌물공여
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who receives a subcontract for or re-subcontracts from a subcontractor for construction works related to communications for the services ordered by the Korea Rail Network Authority (hereinafter referred to as the “Authority”). From September 1, 2008 to June 30, 2013, the Defendant is a person who is deemed a public official in the application of bribery under Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes, who is engaged in the management and supervision of orders, etc. for communications-related construction works ordered by the Authority while serving as F and G, etc. at the Information and Communications Service Center from September 1, 2008 to June 30,

In general, when the construction works ordered by the public corporation subcontract to another company, it is necessary to approve the management and supervisor of the department in charge of the public corporation, which is the ordering authority of the construction works, and E, as a manager and supervisor of telecommunications-related construction for services, could exercise de facto influence over the subcontract, etc. to the public corporation.

With the knowledge that the Defendant may exercise de facto influence over the contractor in connection with subcontracting in telecommunications-related construction works ordered by the Corporation for the services, and (1) from around September 2008 to January 201, 201, by providing HF car to E with free-of-charged and using it, thereby obtaining property benefits equivalent to KRW 23,600,000 in the rental cost. (2) From February 201 to July 2013, 201, the Defendant provided IFton car to E free-of-charged and used it, thereby obtaining property benefits equivalent to KRW 27,00,000 in the rental cost.

Accordingly, the defendant given a bribe to E in relation to his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. The first written statement by the prosecution against the defendant (including the part in the J's statement);

1. Statement by each prosecutor's office to K;

1. Second written statement by the Prosecutor's Office against J;

1. Personnel records;

1. A copy of the register of automobiles (I);

1. Final conclusion of the subcontract.

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