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1. Defendant A shall be punished by imprisonment for one year and by a fine of 18,00,000 won.
The above fine shall not be paid by the defendant.
Reasons
Punishment of the crime
1. Defendant A (Bribery) served as an investigator of the public prosecutor’s office of Changwon District Public Prosecutor’s Office and the public prosecutor’s office affiliated with the Changwon District Public Prosecutor’s Office on November 30, 2016, and the said public prosecutor’s office, which filed a complaint with C around January 23, 2015, filed a criminal investigation into a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (Act No. 2605).
A. On February 13, 2015, at around 22:00, the Defendant received a request from B to thoroughly investigate the above accusation case from B, and received three million won in cash under the pretext of the honorarium, from the Changwon District Public Prosecutor’s Office located in Seongbuk-gu, Seongbuk-gu, Sungwon-si, Sungwon-si.
B. On April 11, 2015, at around 22:00, the Defendant received a request from B to promptly investigate the said accusation case from B, and received three million won in cash under the pretext of the honorarium.
(c)
On April 15, 2015, at the place of the above paragraph (a) around 22:00, the Defendant was given KRW 3 million in cash on the pretext of a solicitation to investigate the accounting staff as a witness of the above accusation case from B and promptly proceed with the investigation.
Accordingly, the defendant accepted a bribe of 9 million won in total in relation to the public official's duties.
2. Defendant B
A. The Defendant offered a bribe in response to the above solicitation to A at the date, time, and place specified in paragraph 1, and delivered a total of nine million won in cash under the pretext of the solicitation, thereby having accepted a bribe in relation to the public official’s duties.
B. Around May 28, 2015, the Defendant issued a third-party bribe has reached an agreement with C, and C revoked the complaint regarding the above case, and C, around June 12, 2015, even if the complaint is revoked on or around June 12, 2015, may be punished by a fine. As such, C, while making a proposal to request the above A to pay KRW 5 million and a fine not to be imposed, the Defendant bears some of the charges.
Accordingly, on June 23, 2015, the defendant's office located in K at Kimhae-si around 12:03, and the investigation is continued in the future and related cases.