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(영문) 대전지방법원 논산지원 2015.07.31 2015고단10

특정범죄가중처벌등에관한법률위반(알선수재)등

Text

A defendant shall be punished by imprisonment for three years.

341,500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[2015 Highest 10]

1. On December 17, 2012, the Defendant, as the representative E, promised to seek 15% of the contract amount in return for the promise to give the representative director J and the regular K, who came to know of H’s introduction from G Lesto F in Chungcheongnam, to the relationship with L Guns M, and to have the L Guns enter into a distribution pumps purchase contract for the NN maintenance projects promoted by L Guns.

On February 27, 2013, the Defendant received KRW 3,00,000 in cash from J and K from the public officials of L group from J and K to arrange for an order for an I stock company upon request of the public officials of L group to receive KRW 3,00,000 from J and K to receive brokerage fees from July 24, 2014, and received KRW 211,00,000,000 from that time as indicated in the attached list of crimes.

As a result, the Defendant received KRW 211,00,000 from the J as to the referral of matters belonging to public officials' duties.

[2015 Highest 250]

2. As described in paragraph 1, the Defendant attempted to enter into a contract for the manufacture of a drainage pump for N Improvement Projects and promised to receive 15% of the contract price as the price. As a result, the Defendant arranged L group and I Co., Ltd to enter into a contract for the purchase of a drainage pump for KRW 4,44,00,000 on the basis of an order of the O Daejeon Regional Procurement Service.

Since then, the Defendant transferred the Defendant-friendly P to Q Bank account (Account Number: R) in the name of QB Co., Ltd. operated by the Defendant-friendly P to brokerage fees to KRW 3,00,000 on August 11, 2014, and KRW 30,500,000 on September 1, 2014, and received KRW 60,50,000 in total on two occasions, under the pretext of brokerage fees.

As a result, the Defendant received 60,500,000 won from the J as to the referral of matters belonging to public officials' duties.

3. On February 2013, the Defendant was promoted in the N&D project promoted by L group from the representative director H of U, a corporation, at the “T cafeteria” located in Chungcheongnam-Nam, Chungcheongnam-Nam, 2013.