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(영문) 광주지방법원 2016.11.25 2016고합181

특정범죄가중처벌등에관한법률위반(뇌물)등

Text

Defendant

A Imprisonment for 8 years and fines for 1,200,000,000 won, Defendant B and C shall be punished by imprisonment for 10 months, and Defendant D shall be punished by imprisonment for 1 year.

Reasons

On February 2, 2016, Defendant B was sentenced to a suspended sentence of two years for imprisonment for alteration of official documents at the Gwangju District Court on August 2, 2016, and the judgment became final and conclusive on February 12, 2016.

Punishment of the crime

[Basic Facts] Defendant A is the president of the K Housing Redevelopment and Improvement Project Association (hereinafter referred to as the “Association”) that carries out a housing redevelopment improvement project in the Dong-gu Seoul Metropolitan City, Dong-gu (hereinafter referred to as “Dong”), who is a person in charge of overall management of the affairs of the Association. Defendant B was the representative director registered in L Co., Ltd (hereinafter referred to as “L”) for the purpose of urban and residential environment improvement project specialized management business, etc. from April 1, 2014 to March 28, 2015. Defendant C is the representative director who operates the said L, and Defendant D is the representative director who operates the said L, and Defendant D is the representative director who operates (hereinafter referred to as “M”) for the purpose of construction design and supervision, etc.

【Criminal Facts】

1. Defendant A

A. The Defendant received a bribe of KRW 170 million with a view to receiving money from N Co., Ltd. (hereinafter “N”) seeking to participate in the redevelopment project by taking advantage of the status of the president of the partnership, who can exercise influence in the redevelopment project, such as the selection of a contractor and the conclusion of a contract, etc. of the partnership.

On October 8, 2014, the Defendant demanded D to provide support for KRW 170 million from the partnership office located in the Dong-gu Seoul Metropolitan City, Gwangju Metropolitan City, through N to participate in the construction works. On October 8, 2014, the Defendant received KRW 170 million from P and D to transfer KRW 170 million to the Defendant’s account under the name of the Defendant’s name, and received KRW 170 million in relation to its duties as a public official under statutes, on the grounds of various cooperation and convenience in the process of redevelopment projects, such as the title of the cost for the selection of the construction works and the conclusion of the contract.

B. The Defendant receiving a bribe of KRW 840,000,000 shall include the selection of a corporation, the conclusion of a contract, the modification of designs, and the formulation of management and disposition plans, such as the amount of sales to the association members.