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(영문) 의정부지방법원 2015.05.15 2012고단2839

특정범죄가중처벌등에관한법률위반(알선수재)

Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than ten months for a crime of No. 2 of the judgment.

Reasons

Punishment of the crime

On November 23, 2010, the Defendant was sentenced to a two-year suspended sentence of imprisonment for the crime of forging public documents, etc. at the Jung-gu District Court, which became final and conclusive on December 1, 2010. On July 15, 201, the Seoul Central District Court sentenced the Defendant to a one-year suspended sentence of imprisonment for the crime of offering of bribe at the Seoul Central District Court for four months on July 15, 201, and the said judgment became final and conclusive on May 9, 2012.

The Defendant is a person who operates the D Office (Gu E Office) in Gyeonggi-gun C, while F is a real estate broker with the Defendant’s father who was living as a public official with his father. G is a planning real estate business entity with the name of F. G is a member of the F, and it was intended to divide the said land after purchasing the Gyeonggi-si H-gun land.

1. Around April 2010, the Defendant demanded F to “I would obtain permission from the public official in charge, so that F would obtain permission from the public official in charge,” with the words “F would have the degree of 7,200 square meters of “G would have the degree of 7,200 square meters of I forest land, which is subject to limited permission.”

Accordingly, around April 14, 2010, the Defendant received KRW 40 million from G under the pretext of solicitation expenses for public officials in charge of permission for the said division of land from J restaurant near the above E office, through F, and received KRW 70 million from G under the pretext of solicitation expenses for public officials in charge of the said permission for the said division of land, as described in paragraphs 1 through 4 of the attached Table of Crimes List.

As a result, the Defendant received 70 million won from G as to the referral of matters belonging to public officials' duties.

2. In a survey and design office around September 2010, the Defendant heard from F the phrase “G intends to divide the housing site types into lots at approximately 12,00 square meters of K forest land,” and demanded F to “I would obtain permission from the public official in charge, who would obtain permission from the public official in charge.”