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(영문) 수원지방법원 평택지원 2014.11.27 2014고단403

부패방지및국민권익위원회의설치와운영에관한법률위반등

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1. Defendant A’s imprisonment with prison labor for one year and six months, Defendant B’s imprisonment for six months, Defendant C and D respectively for a fine of ten million won.

Reasons

Punishment of the crime

1. Defendant A served as the head of Pyeongtaek-si office H from July 27, 2012 to June 10, 2013 and served as a public official. A

On October 2012, Pyeongtaek-si International Team in violation of the Act on the Prevention of Corruption and the Establishment and Operation of Anti-Corruption and Civil Rights Commission of the People's Republic of Korea established a "promotion plan for the creation of a public parking lot development project" on three lots of land for urban planning park, such as 1,290 square meters, L, 1,472 square meters, and 10 square meters before M, which can park 60 motor vehicles on three lots of land for urban planning park. After conducting a survey on demand for parking, it was determined to implement the above promotion plan on the 19th day of the same month.

Such promotion plan for a public parking lot development project is a matter of significant interest that public offices are not exposed to the general public from an objective and general point of view due to significant influence on land price and accommodation duties if disclosed. The Defendant, as the director of the competent division of Pyeongtaek-si H, the department in charge of the above business, became aware of the above secrets while promoting the above project.

No public official shall use any confidential information learned in the course of performing his/her duties to obtain, or to have a third party obtain, goods or property gains.

Nevertheless, the Defendant is expected to increase the market price of the site to be constructed for the public parking lot as the head of Pyeongtaek-si office as the head of the H of Pyeongtaek-si Office, and thus, it is anticipated that the public parking lot will increase. The above fact is notified to B, who was in close relation with the Defendant as members of the organization of friendship with the Defendant. In addition, if the land, which is the prospective site for the public parking lot, was purchased in advance at a high price, which is the prospective site for the public parking lot, is confirmed as the parking lot site, and if it is confirmed as the parking lot site, it is confirmed as the parking lot site, it shall be sold at a low price, thereby realizing the difference, and the Defendant purchased the above land together with B,