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(영문) 대구지방법원 2020.02.13 2018가합835

손해배상(기)등

Text

1. The Defendant’s KRW 234,185,680 and the said money to the Plaintiff are 5% per annum from June 26, 2018 to February 13, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a company established on November 29, 201 for the purpose of growing and distributing mushrooms. The Defendant was appointed as the representative director of the Plaintiff on November 29, 201, but retired on November 29, 2017.

B. 1) The Defendant was indicted on December 13, 2017 on the following facts charged, including the violation of the Subsidy Management Act.

(F) The Defendant, through D through November 3, 2014 to December 10, 2014, remitted the sum of KRW 2,100 in the name of E via F used by C to an account in the name of F used by C to arrange matters falling under the duties of public officials, thereby pretending to the origin of criminal proceeds that C acquired in connection with the referral of matters falling under the duties of public officials, by remitting the sum of KRW 2,100 to an account in the name of F used by C, to a public official.

(2) The Defendant granted KRW 5,40,000,000 as a bribe to H, who is a public official of the Ministry of Agriculture, Food and Rural Affairs, on December 19, 2014, and December 22, 2014, to be selected as a mushroom seeds business operator of G business in 2015 (hereinafter “instant business”).

(3) On December 27, 2014, the Defendant offered a bribe to H by providing the Plaintiff with cash amounting to KRW 50 million in order to conduct a case in which the Plaintiff was selected as a mushroom spawn businessman of the instant project.

(1) The Defendant offered a bribe to H through C on June 26, 2015, when the Plaintiff was unable to carry out the instant business with the help of H, who is a public official of the Ministry of Agriculture, Food and Rural Affairs, and I, and received preferential treatment to allow H to carry out the instant business as it is, the Defendant offered a bribe of KRW 3 million.

(Bribery) The Plaintiff was selected as a businessman in the border area of the instant project on December 2, 2014, and 2.4 billion won (50% of the national expenses, 9% of the Do expenses, 21% of the Si expenses, and 20% of the national expenses) for two years.