beta
(영문) 울산지방법원 2014.12.11 2014고합199

수뢰후부정처사등

Text

A defendant shall be punished by imprisonment for six months and a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Basic facts

A. The Defendant’s occupation and duties are those with no fixed occupation.

From July 5, 2007 to July 4, 2010, the Defendant, while working as Ulsan Port Corporation C, was responsible for the management and planning of new ports, transfer-lease, lease of a wharf, facility permission, development and plan, construction, maintenance and repair, safety management, operation of TOC facilities, etc., which are the main duties of the departments of the E Team, F Team, G Team, and H Center, under the supervision of the Defendant. From December 5, 2008, the Defendant directed and supervised the tasks, such as the approval of the implementation of Ulsan Port I Corporation, approval of the execution plan, and order for construction.

B. On December 2, 2008, J Co., Ltd. (hereinafter “J”) in the course of the progress of the project at the Ulsan Port Corporation (hereinafter “I Corporation”) carries out an I Corporation (hereinafter “the instant I Corporation”) that packages not less than 123,240§³ in Ulsan-gu K located in Ulsan-gu K in order to reduce scattering dust, prevent marine pollution, etc., and constructs not less than 3,500 meters in drainage and an outer retaining 1,130 meters in an outer retaining wall (hereinafter “the instant I Corporation”), it is deemed the managing authority of the Port Corporation, such as the Ulsan Port Facility Corporation or the Ulsan Local Shipping and Port Authority, and is a private company using the harbor. A private company is called the managing authority of the management authority, and a non-management authority, a non-management authority, a non-management authority, a non-management authority, a non-management authority, a non-management authority, a project that directly orders a project with a project approval recommended by the managing authority.

The Ulsan Port Corporation applied for the approval of implementation, and the total project cost of KRW 12,600,000,000 as of February 9, 2009 was the project cost to be fully compensated, and the construction on the portion to be reverted was not scheduled.

In the case of a non-management authority for the conservation of B, the project cost for the portion belonging to a harbor is ‘compensation', while the project cost for convenience facilities not belonging to a harbor is not ‘uncontributable' (hereinafter referred to as ‘uncontributed conservation”).