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(영문) 서울중앙지방법원 2012.07.13 2012고합2

제3자뇌물취득등

Text

Defendant

A and B shall be sentenced to one year of imprisonment, six months of imprisonment, and 1.5 million won of fine, respectively.

Reasons

Criminal facts

Defendant

B From August 10, 2006, from around August 10, 2006, it is working as the promotion chairperson of the Incheon P Housing Redevelopment Project Cooperatives (hereinafter referred to as the "Inncheon Cooperatives").

A person elected as the president of the above union on December 29, 2009; Defendant A is the secretary of the Incheon union in charge of the administrative affairs of the union and the selection of an urban maintenance company; Defendant C is working as the vice president of Q (hereinafter “ Q”) from June 2010 to June 201.

A person who has retired from office as the vice president of (R) R (hereinafter referred to as “R”) around July 2010, and Defendant D works as a managing director from Q to the managing director.

From April 2009 to the managing director of the RS(S) affiliated company (hereinafter referred to as the “S”).

Defendant

C and D, the representative director of Q, on April 2009, is arrested by suspicion of third-party brain acquisition, etc., and Q no longer is able to perform the services of the maintenance company of the Incheon Union because Q overlaps with the company's financial difficulties. When the employees of the above company move to S who handle the same maintenance services, they decided to recommend Defendant B and A to be selected as a new urban maintenance business entity of the Incheon Union.

Accordingly, Defendant C and D made a solicitation to the effect that, around August 2009, Defendant B and A would pay the confidential operating expenses, etc. to be paid to the Incheon Cooperative in Q from the Do and Jeju to be designated when selecting a new urban rearrangement business entity of the Incheon Cooperative by a designated competitive bidding method at a restaurant where it is difficult to know the trade name in which it is located in the Hayang-dong Hayang-dong Hayang-dong Hayang-dong. The consent was received from Defendant B and Defendant A.

1. Defendant A

A. A. On September 14, 2009, the Defendant acquired a third party brain water from a place in question, and around that time, received KRW 14 million from C and D, in return for assisting in selecting a new urban maintenance business entity of the Incheon Union by a designated competitive bidding method, and delivered it to B.