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(영문) 전주지방법원 2018.01.11 2017고단679

직권남용권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a public official of Grade VII in charge of administrative support of the Education Support Agency B of Jeollabuk-do and a public official of Grade VII in charge of industry belonging to the facility department.

1. On November 16, 201, the Defendant, at the E Educational Support Agency and the office located in North Korea D on November 16, 201, determined that “A kindergarten electrical construction was awarded a successful bid (a contract amount of KRW 140,000,000)” to G, the representative of F, the Defendant’s office, “A kindergarten electrical construction was awarded a successful bid (a contract amount of KRW 140,000,000,000,000).

“The victim determined that it would be at a disadvantage if it does not take place upon the request of the construction supervisor, and caused the victim to make the said electrical construction a lump sum subcontract to H in an amount of 80% of the successful bid price.

Accordingly, the defendant abused official authority and let G perform an act that is not obligated to do so.

2. On the 18th day of the same month, the Defendant, at the same place, ordered the victim to give a subcontract for the said electrical construction to H at 75% of the successful bid amount, stating that “The C Kindergarten Fire Services Corporation was awarded a successful bid (a contract amount of approximately KRW 185 million) and the electricity side was a subcontract for H, and thus, fire fighting would have been performed under a subcontract for H, and even if not accepting the request of the construction supervisor, the victim would be at a disadvantage.”

Accordingly, the defendant abused his official authority and let J perform an act that is not obligated to do so.

Summary of Evidence

[Judgment]

1. Each legal statement of witness G, J, K and L;

1. Report on internal investigation (the confirmation of the work department as of the suspected person), report on internal investigation (the attachment of construction records, such as bribery cases), investigation report (the result of execution of a search and seizure warrant), investigation report (the results of examination of data submitted by the Education Support Agency), investigation report (the receipt of the details of deposits and withdrawals from the account submitted), investigation report (the receipt of the details of deposits and withdrawals from the account submitted by the Education Support Agency), investigation report (related to the attachment of electronic bidding notice), and investigation report

1. Application of statutes to each data submitted in G;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;