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(영문) 울산지방법원 2018.05.25 2017고합249

뇌물수수등

Text

Defendant

A Imprisonment with prison labor of one year and fine of 20,000,000 won and Defendant B shall be punished by imprisonment with prison labor of four months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant A, from January 1, 2006 to Ulsan C, was appointed as the head of the association of the “D Land Partitioning Association” (hereinafter “D Association”) established for the purpose of land subdivision rearrangement project for Ulsan C Group from around January 1, 2006, and was deemed a public official under the Urban Development Act, who exercises overall control over the affairs of the association, such as the formulation of an implementation plan for the funds of the said association, the management of land allotted by the authorities in recompense for development outlay, and the management of liquidation money.

Defendant

B It is a person who actually operates F Co., Ltd. (hereinafter referred to as “F”) in Ulsan-si established for the purpose of housing construction business, civil engineering construction business, etc. and H Co., Ltd. (hereinafter referred to as “H”) in Ulsan-si established for the purpose of housing construction business, etc.

D Around May 22, 2009, the Association awarded a contract for D land subdivision work to the above H, and F guaranteed the execution of the above work.

1. On February 27, 2014, Defendant A received a solicitation from the above-mentioned B to the effect that the convenience of H and construction guarantee private person F, a contractor of land subdivision rearrangement work promoted by the Association D from the above-mentioned H, is well considered at the office located in the above-mentioned H3 floor, and received a delivery of KRW 10 million in cash from the above-mentioned B on the same day.

Accordingly, the defendant received a bribe from the above B in relation to the duties of the land rearrangement association head deemed public officials.

2. On February 27, 2014, Defendant B made a solicitation to the effect that the convenience of H, the contractor of the land subdivision rearrangement project promoted by the D Association, and the private person of the performance guarantee, which is the execution contractor of the land rearrangement project promoted by the D Association, is well-known, at the office located in the above H threeth floor, and issued KRW 10 million in cash to the above A on the same day.

Accordingly, the defendant accepted a bribe against A in relation to the duties of the president of the land rearrangement association, which is deemed a public official.

Summary of Evidence

1. Statement made by the defendant B in the third public trial record;

1. Entry of the defendant A's partial statement in the third public trial record;

1. The statement made by the witness B in the fourth public trial protocol;