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(영문) 인천지방법원 2017.10.12 2017고합436

배임증재등

Text

Defendants shall be punished by imprisonment for one year and six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

Defendant

A is a representative director of a corporation I established for the purpose of advertising planning in Gangnam-gu Seoul and advertising production in and out of the house, installation business, etc., and the construction of a rooftop signboard (hereinafter referred to as “the rooftop signboard of this case”) by purchasing the land located in Jung-gu Incheon International Airport Highway and constructing a new building (hereinafter referred to as “the building of this case”). Defendant B is a representative director of L Co., Ltd. (hereinafter referred to as “L”) established for the purpose of producing advertising materials located in Gyeyang-gu Incheon Metropolitan City, and a person who was appointed as a deliberation member of “M” in Incheon Metropolitan City from March 2013 to June 2017.

1. Defendant A

A. On April 9, 2013, the Defendant submitted to B a written request for “O (hereinafter “instant public notice”) to the Incheon Metropolitan City under the name of an incorporated association for the instant rooftop signboard installation project, and against this, the Incheon Metropolitan City made a decision of withholding on the ground that it violated the public interest purpose, etc. on June 13, 2013.

When the above deliberation agenda was re-scheduled to Incheon Metropolitan City on October 2013, the Defendant asked B, a deliberation member of Incheon Metropolitan City M, to the effect that “This Council requested deliberation under the name of an incorporated association, which is related to this Council, so that the Council may pass well.”

On November 19, 2013, the Defendant entered into a contract (hereinafter “instant contract”) under which L and rooftop signboard advertising construction works are awarded to KRW 260,000,000 as the price for construction of the rooftop signboard on February 12, 2014, following the following day, by means of favorable remarks, etc. on the grounds for the approval of B and the reason for the approval of the instant rooftop signboard installation project, etc., and the said agenda passed through a conditional resolution from Incheon Metropolitan City. On February 11, 2014, the Defendant entered into a contract with the Jung-gu Incheon Metropolitan City Office to contract for construction of rooftop signboards (hereinafter “instant contract”).

In this respect.