2014 Highest 3522 A. Acceptance of bribe

(b) Offering of bribe;

1. A.

2.2.B

3.2. C.

Kim Gyeong-hee (Public Prosecution) and Park Jong-hee (Public trial)

Law Firm D, Attorneys E (Defendant A)

Law Firm F, Attorney G (Defendant B)

Attorney H (for the defendant C)

April 15, 2015

Defendant A shall be punished by imprisonment for two years and fine for 70,00,000 won, by imprisonment for one year and by imprisonment for one year, and Defendant C in August of the calendar.

When Defendant A fails to pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting KRW 100,000 into one day.

However, with respect to Defendant B and C, the execution of each of the above punishments shall be suspended for two years from the date this judgment becomes final and conclusive.

50,000,000 won shall be additionally collected from Defendant A.

Criminal facts

From January 2007 to November 201, Defendant A served as the head of the International Institute of Science and Technology Research, a government-funded research institute for science and technology research, and currently served as the responsible researcher of the said J Center, and is deemed a public official for the purpose of applying the crime of acceptance of bribe pursuant to Article 35 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc. at the time when Defendant A serves as the head of the said J Center. Defendant A overall control over the duties related to the supply of goods ordered by the said J Center. Defendant B is the representative of K and Defendant C is the representative of L.

1. Defendant A

A. Acceptance of bribe from K Representative B

On December 31, 2007, the Defendant received KRW 4 million in total from the above B to January 201, 2014 under the name of the Defendant’s borrowed-name national bank account (N bank account), i.e., the Defendant received KRW 4 million from the above date and time to the above 40 million from the above 1st day, under the pretext of reward for the provision of convenience in relation to the supply contract of related parts, such as electric motor, from the representative B, which is the electrical motor supplier, to the K researcher, from the representative B, under the name of the Defendant’s offering of convenience in relation to the supply contract of related parts, such as electric motor, etc.

B. Acceptance of bribe from L representative C

Around June 2012, the Defendant received KRW 10 million in total on three occasions from the above date and time to March 2014, as indicated in the separate crime list No. 2 attached hereto, from LA C, as a researcher of the government-funded science and technology research institute in the field of science and technology, the Defendant received a bribe in relation to his/her duties as a researcher of the government-funded research institute in the field of science and technology, which is deemed a public official, from LA’s representative C, under the pretext of a system supply contract and the convenience provision in the process of examining goods.

2. Defendant B

The Defendant, at the date and time, at the place specified in paragraph (1) of Article 1, remitted 4 million won to the National Bank account in the name of N, a borrowed account in the above A, under the pretext of honorarium for the provision of convenience related to the supply contract for related parts, such as electric motor, as described in paragraph (1) of Article 1, from the above date to January 2014, and provided the above A with an aggregate of 40 million won, as described in the list of crimes in attached Table 1.

Accordingly, the Defendant granted a bribe to A, a researcher of government-funded science and technology research institutes deemed public officials, in relation to his duties.

3. Defendant C.

The Defendant provided KRW 10 million in total to the above A three times from the date and time to March 2014, as indicated in the attached Table 2, in the date and time, at the place, as described in paragraph 1-b, as described in paragraph 1-b, under the pretext of concluding a supply contract of the above-mentioned system and offering the convenience of the goods inspection process, and offered a reward for KRW 5 million from the above date and time to the above-mentioned date and time, as described in the attached Table 1-B list. Accordingly, the Defendant provided a bribe to A, a researcher of the government-funded science and

Summary of Evidence

1. Defendants’ respective statements in the second protocol of trial;

1. Each prosecutor's interrogation protocol against the Defendants

1. An investigation report (A Research Institute Records Card of a Suspect A), an investigation report (Attachment to N's National Bank Account Details), an investigation report (related to the statement of funds and timing for payment for the offering of bribe attached to the statement of offering of bribe to the account in Gyeongnam Bank); three copies of the corporate account in Gyeongnam Bank (P) and a criminal investigation report (report attached to the contract documents, etc.);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant A: Article 129(1) of the Criminal Act, the choice of imprisonment

○ Defendant B and C: Articles 133(1) and 129(1) of the Criminal Act; Articles 133(1) and 129(1) of the Criminal Act; and 1.

○ Defendant A: Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (attached Table 1 No. 5, 6, and Attached Table 2 of the List of Crimes)

1. Aggravation for concurrent crimes;

○ Defendants: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

○ Defendant A: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

○ Defendant B and C: Article 62(1) of the Criminal Code

1. Additional collection:

○ Defendant A: the latter part of Article 134 of the Criminal Act

The reason for sentencing is that the defendants not only received a considerable amount of bribe over a long-term period, but also related to the solicitation related to the delivery of goods, etc., and thus, a serious punishment is required.

○ The Defendants did not have any criminal power, and recognized the commission of the crime, and committed a mistake in depth.

○ Other crimes of this case including the amount of bribe received or provided by each of the Defendants

The circumstances and results of the Defendants’ age, character and conduct, environment, and circumstances after the commission of the crime.

Judges Suhyl-lock