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(영문) 수원지방법원 2015.10.23 2015고합342

제3자뇌물취득

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant and related persons are those who become aware of F through the introduction of the chairman of the Seoul E-Si Council prior to D and have given advice to G projects he promoted.

Meanwhile, from September 4, 2009 to March 4, 2011, F is the representative director of H (which is a real estate development-related company I; hereinafter “H”) who is a real estate development-related company, and has overall control over all the management, including asset management.

2. F’s progress of the promotion of G project: around June 20, 2009, the G Urban Development Project Promotion Committee (hereinafter “Promotion Committee”) established by landowners of G District (1,292,00 square meters) and H entered into a contract for the implementation of urban development projects with the G Urban Development Promotion Committee (hereinafter “Promotion Committee”) and promoted private development by replotting method.

On July 29, 2009, Korea Land Corporation ("LH Corporation") submitted a proposal for designation of an urban development zone by expropriation method at E on or around October 1, 2009 and notified the LH Corporation of the proposal on or around October 1, 2009. In addition, from October 5, 2009 to October 19, 2009, Korea Land Corporation ("LH Corporation") submitted a proposal for designation of an urban development zone by expropriation method.

Accordingly, F submitted a “written proposal for designation of a private urban development zone” under the name of the Promotion Committee at around October 21, 2009 and around November 18, 2009, on a total of two occasions in E Si, but E returned on the ground that “The proposal is in progress with accepting the proposal of LH Corporation, and thus it cannot be accepted in duplicate.”

Thus, F made LH Corporation voluntary acceptance of G business and made efforts to enable E Sin-si to convert E into private development method rather than public development method.

3. From January to February 2010, the Defendant F committed the Defendant’s crime committed the Defendant’s mind to deliver a bribe to K via the Defendant, who has a pro rata relationship with K members of the J Council at the time.

Accordingly, F met the defendant at the H office located in M around that time, and the defendant "F" L.