beta
(영문) 서울동부지방법원 2012.11.09 2011고합359

특정범죄가중처벌등에관한법률위반(뇌물)

Text

Defendant

B Imprisonment for five years and fine of 90,000,000 won, Defendant A’s imprisonment for two years and six months and fine of 45,00,000 won, and Defendant.

Reasons

Punishment of the crime

[The status of the defendants and the previous conviction falling under the latter part of Article 37 of the Criminal Code of the defendant C] The defendant B, from November 13, 2006, worked as the head of the partnership of the Housing Redevelopment Development and Improvement Project Association in Seongdong-gu Seoul Metropolitan Government which constructs 1,057 households on the land of 51,48m2 in Seongdong-gu, Seongdong-gu, Seoul (hereinafter "the partnership of this case"), is deemed as a public official under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

Defendant

A is the part of the defendant B, a person who is engaged in interior fishery and was residing in Seongdong-gu Seoul, Seongdong-gu.

Defendant

C On September 1, 201, a person who operates a restaurant at a construction site (hereinafter referred to as a "registered restaurant") is a person who was sentenced to imprisonment with prison labor for two years at the Suwon District Court on September 1, 201, and was sentenced to a three-year suspended sentence, and the said judgment becomes final and conclusive on September 9, 201.

[Fact that constitutes a crime]

1. On July 2009, Defendant B received introduction from the instant association office located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and found Defendant C at the construction site restaurant operator, and instructed Defendant C to consult on the transfer price of the instant association with Defendant C and the instant association office.

Defendant

On July 2009, Defendant A, who received B’s instructions, consulted on Defendant C and 90,000,000 won in the mutual influorium house located in Seongdong-gu Seoul, Seongdong-gu, Seoul. Defendant B and A confirmed the above contents with Defendant C at the mutual influorium restaurant located in Seongdong-gu, Seoul, on August 2009.

Defendant

B On September 4, 2009, Defendant C transferred 30 million won to the first bank account in the name of Defendant A’s wife X, and 60 million won to the same account on September 16, 2009, and over two times in total.