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(영문) 부산지방법원 2013.12.13 2012고합1231
뇌물공여
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

As the representative director of D Co., Ltd. (hereinafter “D”), on March 5, 2007, the Defendant (hereinafter “D”) established the above company in the vicinity of Busan Eungmun, and received orders or subcontracted road works.

The Defendant came to know of G working in F Co., Ltd. in around 2004 while entering into a subcontract for construction works, etc. before D establishment, and G was specially employed as a public official of “C” in Busan on November 1, 2005, and was in charge of the design, administration, construction supervision, etc. of road construction works from February 23, 2006 to March 2012 at Dong-gu H from February 23, 2006.

Around May 2007, the Defendant received a demand from G to the D office located in the Dong-gu Busan Metropolitan City I that “I will help the Gu office if I will help the E work later, since there is a shortage of money to make directors near the Gu office.”

The Defendant, in executing the construction works ordered in E in the future, remitted each of the total cost of KRW 15 million on May 23, 2007, and KRW 5 million on June 23, 2007, respectively, to G, with a solicitation to the effect that all conveniences change well.

After that, on December 4, 2007, the Defendant received a demand from G to require “credit card price” from G, and remitted the credit card price to G on December 4, 2007, along with the above solicitation, KRW 2 million on December 4, 2007, KRW 1 million on March 24, 2008, and KRW 300,000 on August 13, 2008, respectively.

As a result, the Defendant provided a bribe of KRW 23.3 million in relation to the public official's duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the suspect examination protocol of the accused;

1. A copy of each protocol of examination of prosecution concerning G;

1. Application of the transaction statement attached to the written answer (Evidence No. 48-55 of the evidence record), the standard subcontract agreement for construction works (J road construction works), the copy of the public official personnel records card, the construction of K one-day road, and the Acts and subordinate statutes for the construction of one-time road within J8 notice;

1. Relevant provisions of the Criminal Act and Articles 133(1) and 129(1) of the Criminal Act for the selection of criminal facts (generally, the choice of fines)

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