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(영문) 서울고등법원 2016.04.21 2015노2936

특정범죄가중처벌등에관한법률위반(뇌물)

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for three years and fines for 35,000,000 won, and Defendant B for one year.

Reasons

1. The summary of the facts charged is as follows: (a) during the period from December 9, 2006 to February 27, 2007, Defendant A took overall charge of the general affairs of the tentatively named promotion committee while working as the chairperson of the tentatively named promotion committee (tentatively named promotion committee).

From February 28, 2007 to September 28, 2009, the Defendant: (a) the committee for promotion of housing reconstruction improvement projects in the neighboring area of the residents' self-governing center (hereinafter referred to as the "promotion committee") led by Defendant A was the "promotion committee" with the approval of the authority on February 28, 2007; and (b) at the time Defendant A was elected as the "chairperson of the promotion committee" by himself.

The general supervision over the duties of the promotion committee was over all while serving as the chairperson.

From September 29, 2009 to April 2015, the Defendant became a “association” with the authorization of the authority on September 29, 2009, and at the time, Defendant A was elected as the head of the “association” as a “association”.

A general manager over the overall affairs of the partnership while working as the president of the partnership.

Defendant

B On April 21, 2007, the representative director of the J Co., Ltd. (hereinafter referred to as the "JJ") selected as a specialized management company for reconstruction and improvement projects in the housing reconstruction and improvement project district (hereinafter referred to as the "maintenance company") shall be the representative director.

A. On June 5, 2007, Defendant A received 100,000 won 4,90,000 won in front of the check through K of the head of the field headquarters in the Dispute Resolution Department, in response to the solicitation from the above B at the promotion committee office located in Ansan-gu I during the period of Gyeyang-gu, Seoul, in response to the solicitation from the above B.

The purpose of the solicitation is that “The Do and the Roym Poym Poym Poym Poym in which the KGJ may receive the services for the reconstruction and rearrangement projects of this house, and in the future, it will provide convenience in relation to the execution of various business affairs