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(영문) 광주지방법원 순천지원 2015.02.10 2014고합213

특정범죄가중처벌등에관한법률위반(뇌물)

Text

Defendant

A Imprisonment with prison labor for five years and fines for 75 million won, and Defendant B shall be punished by imprisonment for two years, respectively.

Defendant

A above.

Reasons

Criminal facts

Defendant

A on October 5, 2002, “H District Partitioned Land Partitioned Association (established on June 22, 200 after obtaining authorization to establish the association on June 21, 2000; hereinafter “Association”)” is the representative director of I Co., Ltd. (hereinafter “I”) who was appointed as the president of the Association on October 4, 2006, but was again elected as the president of the Association on October 16, 2008 after retirement on October 16, 2006, and was substantially likely to be elected as the president of the Association at the general meeting of the Association on October 16, 2008 after retirement.

1. Defendant A

A. A. On May 208, the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) due to the acceptance of bribe in advance, the Defendant promised to pay KRW 400 million in consideration of the contract, i.e., that “B sold and sold the technical services of the land readjustment project by the land readjustment project to B, and that B would have been paid in installments, as he received the progress payment from J Co., Ltd., the enforcement company.”

On May 16, 2008, the Defendant entered into a technical service contract with I on behalf of the Association and approximately KRW 2.4 billion (Additional Tax separately). On May 22, 2008, the Defendant received KRW 2.5 million from B, as a reward for this case, from B, 2.5 million from that time to August 28, 2008, from that time, the Defendant received KRW 2.45 million in total from that time, e.g., the list of crimes Nos. 1 to 9, 2008.

As a result, the defendant was the head of the land partition association who is deemed a public official in the application of the crime of bribery and became the head of the association after receiving a bribe of KRW 24.5 million in return for a solicitation in relation to the duties to be in charge.

B. After being elected as the president of an association, the Defendant committed the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) due to acceptance of bribe to K account on November 20, 2008.