2017 and2 Violation of the Improper Solicitation and Graft Act

1. Lighting00

2. Article XX

3. Prostitution 00

4. Stock company 000

3.2

1. The offender shall be punished by an administrative fine of KRW 100,000, 200, respectively.

2. A person who commits an offense shall be punished by a fine for negligence of KRW 200,000,000, respectively.

1. Facts of recognition;

The record reveals the following facts.

A. Breach of duty: 00 (Person in Charge of Public Performance Planning), and Article XX (the head of the Stage Art Team) shall be the same culture and arts under his/her jurisdiction in Ansan-si.

The public official belonging to the Center, and the Association of Korean Culture and Arts Center shall be the Seoul Culture and Arts Center.

Do 000 (hereinafter referred to as "Do 000") Production in respect of a person who has been selected as a violator of the street program

E. The '00' was decided as a public performance by invitation, and the offender leap 00 is the representative director of Do000.

(b) A violation 00, Article XX, le00, and maximum ○○ (a stock company that is the operator of the Ansan Culture and Arts Center;

GSI’s staff) and Yellow ○○ (in the case of a person who has violated 00) are only the above “SI’s staff” as the day before the public performance is held.

4. At around 19: 00, at the same time as 00 p.m. (S. Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, and 00 a person who commits a violation.

246,00 won (per person 49,200 won) paid in full the amount of food value with a corporate card.

C. In connection with this, the ordinary North Korean Dos Act on the Prohibition of Acceptance of Improper Solicitation and Money, etc. (hereinafter referred to as the "Commission").

An investigation into a violation of "The Deposit Prohibition Act", and the head of the Dong-dong market, the head of which is the head of the agency under his/her jurisdiction, has been conducted;

Considering that the act of receiving and providing the above food violates Article 8 (2) and (5) of the Improper Solicitation and Practice Act;

on January 4, 2017, notified this Court of the request for the imposition of an administrative fine pursuant to section 23(7) of the Improper Solicitation and Practice Act.

(c)

2. Relevant statutes;

The main contents of the Improper Solicitation and Prohibition Act in relation to the instant case are as follows:

Article 8 (Prohibition of Acceptance of Money and Valuables, etc.) (1) No public official, etc. shall receive, request, or promise any money and valuables, etc. exceeding one million won or three million won for each fiscal year from the same person, regardless of whether they are related to his/her duties, such as donation, donation, gift, etc. (2) No public official, etc. shall receive, request, or promise any money and valuables, etc. not exceeding the amount prescribed in paragraph (1) in connection with his/her duties, regardless of whether they are quid pro quo quo. No public official, etc. shall receive, request, or promise any money and valuables, etc. prohibited from receiving by a public official, etc. pursuant to paragraph (1) or (2) (hereinafter referred to as “prohibited money and valuables, etc.”) in connection with the duties of the public official, etc. No person shall offer, demand, or promise to receive any money and valuables, etc. prohibited from receiving by a public official, etc. or his/her spouse. No person who falls under any of the following subparagraphs shall be punished by an administrative fine not less than 25 times but not more than the value of such money and valuables, etc.

In addition, the corporation, organization, or individual shall also be punished by a fine or fine for negligence under the relevant provisions.

3. Determination:

A. Whether Article 8(2) and (5) of the Improper Solicitation and Graft Act are violated

According to Article 8 (2) of the Act on the Prohibition of Solicitation and Solicitation, public officials, etc. are not given consideration in connection with their duties

shall not receive, request, or promise money, goods, etc. below the amount set forth in paragraph 1, and the same shall not apply;

according to section 5 of this section, no person is allowed to provide public officials with prohibited money or other valuables.

(c) Ensuring fairness in the performance of duties through prohibition of giving and receiving money and valuables by the purport of the Improper Solicitation and Graft Act.

Considering the fact that the public official's money or goods is received, the public official's performance of duties from the general public.

Whether or not it is doubtful of fairness is the standard of business relationship judgment.

In this case, a person who is a public official in charge of performance-related work shall be 00, and Article XX shall be prior to the same culture and arts.

Man00, a representative director of Do000, who is a performing producer of the musical hall held by the Party.

To be provided with food from the offender, 00 is provided with it, and the status of the offender;

in light of personal relations, the contents of duties, the timing of provision, etc., this is sufficient to deem that there is a relationship of duty.

C. Therefore, the act of providing the instant food is prohibited under Article 8(2) and (5) of the Improper Solicitation and Graft Act.

applicable to the receipt or provision of prohibited money, goods, etc. for the public officials, etc. on duty;

of this section.

Therefore, the offender is judged to have violated Article 8 (2) and (5) of the Improper Solicitation and Graft Act.

(b) Administrative fines;

Article 23 (5) 1 and 3 of the Act on the Prohibition of Solicitation and Solicitation shall apply twice the value of money, valuables, etc. related to the violation.

It stipulates that an administrative fine of an amount equivalent to not more than five times the amount shall be imposed. 2 value of money, valuables, etc.

In determining a specific amount within the scope of not less than five times but not more than five times the amount by a public official, etc.

Details and degree of business relationship, personal relationship between the parties to whom money or valuables are given, circumstances of receipt of money or valuables, gold

The kind, value, and return of goods, etc. shall be comprehensively considered.

An act of receiving or providing the food of this case in the violation of this case

49,200 won exceeding 30,000 won prescribed in attached Table 1 of Article 17 of the Enforcement Decree of the Prohibition of Trust Act

Facilitating duties, which are grounds for exceptions to prohibited money and valuables under Article 8 (3) 2 of the Improper Solicitation and Graft Act.

It is difficult to regard it as food provided for the purpose of performance or private teaching, funeral or aid, provided that the foregoing is not the case;

Ceiling 00 was at the time dental treatment and was at the time, and was food until the end in order to put the child in order to put the child.

It is argued that he left the place of meal in the middle, and the offender's place of meal is the same. XX

After completion, 80,00 won in cash has been calculated in two-lanes;

(3) If there is no objective evidence to acknowledge the above assertion, or if there is no objective evidence to acknowledge it.

C) At the beginning of the enforcement of the Improper Solicitation Act, the applicable violator is sufficiently informed of the foregoing Act.

The fact that there seems to have been no trial, all of which are recognized by the violator, and reflects that the violation is committed.

2) The value of money, valuables, etc. received or provided to the offender, taking into account the fact that the money, etc.

It shall be subject to an administrative fine equivalent to the amount of early return of the vessel (00 Do against the offender).

000 provided each of the 49,000 Won to the offender and xx, which is twice the amount of 2 times, since the offender provided each of 49,00 won.

Each administrative fine of KRW 200,000 in total shall be imposed, respectively, on each of the 100,000 won.

4. Conclusion

Article 23 of the Improper Solicitation and Fair Trade Act for the same reason, and Article 20 of the Improper Solicitation and Trade Act for Article XX

Section 5(1), Article 8(2), Article 36, and Article 44 of the Act on the Regulation of Violations of Violations of Public Order; 00 offenders;

§ 23(5)3, Article 8(5), and Article 24 of the Improper Solicitation and Graft Act (Do 000) (Do 000)

The decision shall be made in accordance with Articles 36 and 44 of the Act on the Regulation of Violations of Public Order.

March 3, 2017

Judges Cha Gyeong-hwan

* The prosecutor or the offender may raise an objection to this Court within one week from the date of receipt of the notice of this decision.

* An agency which notifies of a violation subject to an administrative fine: An Ansan City