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(영문) 서울남부지방법원 2018.03.23 2017고합565

특정범죄가중처벌등에관한법률위반(알선수재)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

1,499,750,000 won shall be additionally collected from the defendant.

For the defendant.

Reasons

Punishment of the crime

The Defendant is the representative of Seocho-gu Export-Import Business Co., Ltd. D, the Export-Import Business Entity located in Seocho-gu Seoul Metropolitan Government, the representative director of F, the aviation and military parts manufacturing business company located in Seocho-gu, and G, the representative of H, the company developing navigation and communications equipment located in Ansan-si (hereinafter referred to as “stock company”). On January 1, 201, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes related to F, E promoted promoted the business of transferring military infrastructure maintenance (military parts maintenance, repair) (hereinafter referred to as “instant business”), which was dependent on overseas maintenance in the latter part of 2011, to a domestic private company, to exclusively take exclusive charge of the domestic creative maintenance contract for core parts of the maintenance overseas, and was introduced by F, the Minister of National Defense and the Defendant, through I, the retired from the Defense Business Agency, through the Ministry of National Defense and the high school, who was the Defendant at the time of introduction.

The Defendant, by using the connection with the Minister of National Defense, was well promoted the F’s domestic maintenance transition project with the Minister of National Defense, and was asked to request the head of the Army, the Air Force, and the Navy to conclude a creative maintenance contract for the core parts. On June 27, 2012, the Defendant, on December 24, 2014, acquired FF shares 3,350 capital without compensation and owned a total of 22,350 capital increase and sold all of 22,350 capital during the period from September 2015 to May 2017 (a total of 1.44,975 million won).

(10% of the issued shares as of the end of 2012 and the par value of 95 million won was accepted.

2. H representative G of H in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) related to H entered into a contract with the Defense Acquisition Program Administration on November 2014 to manufacture and supply the aircraft navigation support equipment system (TACN), but the contract performance deposit amounting to KRW 980 million, and advance payment deposit.