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(영문) 수원지방법원 안양지원 2018.06.01 2018고합8

특정범죄가중처벌등에관한법률위반(알선수재)

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The Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. No summary of the facts charged may require or promise to give, receive, request or promise any money, valuables or benefits with respect to the referral of matters belonging to the duties of a public official;

A. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (e.g., known players) agreed to receive brokerage fees at a certain ratio depending on the amount of construction orders given by I and local governments when the construction works are ordered by arranging them to receive construction contracts, etc. ordered by the I and local governments around November 2012.

On November 2012, the Defendant: (a) requested that K Co., Ltd. (hereinafter “K”) receive an order for the purchase of goods from the Si/Gun/Gu office in Suwon-si and the road maintenance team in order to repair goods from the road maintenance team; and (b) requested that K Co., Ltd. (hereinafter “K”) receive an order for the said construction; and (c) arranged that K would receive an order for the said construction in KRW 293,583,30 on November 22, 2012; and (d) received KRW 45,895,549, under the pretext of the brokerage fee around May 6, 2013.

As a result, the defendant received 45,895,549 won as to the referral of matters belonging to public officials' duties.

B. On April 2013, Defendant B agreed to receive brokerage fees at a certain ratio depending on the amount of construction contracts, if the construction works are ordered by the I and local governments after arranging them to receive orders for construction contracts, etc. ordered by the I and local governments.

On April 26, 2013, the Defendant placed an order to purchase “L” goods at the Industrial Support Center for Ansan-si and the Infrastructure Team. On several occasions, the Defendant solicited public officials in charge of the issuance to reflect the K products in the design at the time of the order for construction work, and arranged the above construction work from K to 25,35,170 won on April 24, 2013, and received KRW 4,546,741 as an intermediary fee from K around August 26, 2013 and received KRW 4,546,741 as indicated in attached Table 1 of the List of Crimes. The Defendant, from August 26, 2013 to June 24, 2016, ordered the construction work from K to 7 local governments.