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(영문) 광주지방법원 2017.02.08 2016고단5139

특정범죄가중처벌등에관한법률위반(알선수재)

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and C are the main agent of the government-funded contract that places an order in South Korea, such as leisure time.

The defendant, together with C, proposed that a public official in charge of the government-funded contract receive a contract from a certain company, received money and valuables from a company under the pretext of such solicitation, and then C is in charge of the government-funded contract, and the remaining amount is gathered to be divided by the defendant.

Accordingly, the Defendant called the representative director F of E Co., Ltd. (E) located in YYYYD around January 2010 to request the public official in charge to give E a contract for supply, such as community sewage treatment facilities ordered at a leisure time.

The F’s consent was obtained by proposing to the effect that the success in the contract is “(40%) price for 40% of the contract amount.”

C In May 2010, it is necessary for the Defendant to have a personnel contribution to a public official in charge of leisure time.

The Defendant refers to the “H” coffee shop located in Gwangju Mine-gu G, and around that time, the Defendant sent F a public official in charge of contracts with respect to the supply of goods ordered by water supply and sewerage business places at the time of female water supply and sewerage business places to reflect the case in the design of the E products, thereby concluding a contract immediately.

In order to request that part of the price of receiving orders be paid in advance from F, and receive cash of KRW 35 million from F, and around that time, from J apartment in front of the J apartment located in I located in the Gu of Gwangju Northern-gu, the amount of KRW 30 million, out of which is 30 million as part of the cost of the work for the public officials in charge.

After that, on July 13, 2010, the Defendant issued a water supply and sewerage business site from F to F in Korea, on the ground that the contract price of which is KRW 122 million and the contract price of which is KRW 20 million is KRW 14,363,560 except for the aforementioned advance payment, on the ground that the Defendant received the contract upon request from public officials of the water supply and sewerage business site at several times on the ground that the contract amount is KRW 122,00,000,000.