(영문) 서울중앙지방법원 2015.01.30 2014고합1079

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(영문) 서울중앙지방법원 2015.01.30 2014고합1079

특정범죄가중처벌등에관한법률위반(뇌물)

Text

A defendant shall be punished by imprisonment for a term of four years and a fine of 70 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Status, etc. of the defendant;

A. The Defendant is a member of K from August 2008 to May 2012, 201, and M from July 201 to May 2014, and is serving as N members from June 201 to June 201.

The Defendant, as a member of the National Assembly, was in charge of duties such as the right to propose and submit bills of the National Assembly, the right to question, speak, debate and vote on bills at the plenary session and the plenary session, the right to inspection and investigation of the state administration conducted by each standing committee, the right to submit documents necessary therefor, the right to attend and make testimony or state opinions, the right to deliberation and vote on the agenda referred to the plenary session or the right to deliberate and make a statement on the agenda referred to the plenary session, and the right to vote on the processing of audit results, such as the right to ask questions,

In addition, the Defendant had been working for the 18th National Assembly K from June 2010 to May 201, and had been in the position of exercising de facto influence on the Korea Rail Network, which is a public institution established and operated by the Ministry of Land, Infrastructure and Transport, such as government agencies such as the Ministry of Land, Infrastructure and Transport, government investment and government support, or government financial support from June 2014, which were the 19th National Assembly latter half of the 19th National Assembly.

On the other hand, a member of the National Assembly has the duty of integrity pursuant to Article 46 of the Constitution of the Republic of Korea, shall perform his/her duties according to conscience in preference to national interests, and shall not abuse his/her position to acquire any right, interest or position in property or arrange for the acquisition of such right, interest or position on behalf of another person under a contract

(b).

참조조문

-대한민국헌법 제46조

유사 판례

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