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(영문) 대전지방법원 천안지원 2019.05.30 2018고단1139

뇌물수수

Text

Defendant

A Imprisonment with prison labor for ten months, for six months, for six months, and for ten months, for each of the defendants C.

Defendant .

Reasons

Punishment of the crime

[Basic Facts] D is the representative director of E Co., Ltd. (hereinafter “E”) for the purpose of real estate development business, and F is the attached table of E, and E is the incidental group of E, and E is the implementation project of H apartment (9 Dong, 805 households) in G.

E around May 23, 2014, included a lot equivalent to 21,848 square meters owned by the Ministry of National Defense, among 41,177 square meters of the above project site, and E obtained a sales contract or a written consent for land use from I, the managing authority of state-owned land, from the Ministry of National Defense, such as selling and transferring state-owned land to the State-owned land, but failed to obtain it (an application for approval of housing construction project can secure a title of at least 80% of the site) at J.

J Si around August 13, 2014, the landscape review of the said housing construction project; the urban planning deliberation around September 17, 2014; and the construction deliberation around October 21, 2014; and around November 18, 2014, the total area of the project site and the area of the State-owned land shall be adjusted; however, from among the total area of 39,954 square meters, the State-owned land accounts for 48.46% of the total area of the State-owned land owned by the Ministry of National Defense (where the area of the State-owned land subject to sale is 50% or more of the total area of the housing site, the open competitive bid shall be conducted; if the area of the State-owned land subject to sale is less than 50%, a negotiated contract may be conducted; and the unit price calculation based on the officially announced land price through appraisal; and the housing construction plan shall be cancelled within the period of approval for the project plan, following 14.

In addition, J has approved the sale of the housing construction project at issue on December 5, 2014 and on December 30, 2014 through the Housing Construction Price Examination Committee more than twice on December 30, 2014, and approved the commencement report and announcement of invitation on January 8, 2015.

E shall file an application for purchase with the I on February 9, 2015 for a site owned by the Ministry of National Defense.