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(영문) 부산지방법원 2013.12.13 2012고합999

수뢰후부정처사

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant served as an employee at a private construction company from January 2004 to October 2005 by serving as an employee, etc. from D Co., Ltd.; on November 1, 2005, the Defendant was specially employed at the Busan Dong-gu Office as a contractual public official of class C, and was in charge of the design, administration, construction supervision, etc. of road construction works from February 23, 2006 to March 2012 at the Dong-gu Urban Bureau.

The Defendant came to know, at the time of work in D Co., Ltd., he received subcontracting, and, around March 2007, E established the F Co., Ltd. F (hereinafter “F”) to establish an office in front of G, thereby having the intent to demand and deliver money and valuables for the convenience of construction, etc.

On May 2007, the Defendant demanded money and valuables from F office located in Busan Dong-gu, Busan, that “I will assist if I will do so if I will do so later, since there is a lack of money to make a director near the Gu office” to F office E, which means “I will help you will do so if I will do the construction work in the Dong office.”

Accordingly, the Defendant received the transfer of KRW 15 million on May 23, 2007 and KRW 5 million on June 23, 2007, along with a solicitation from the purport that all convenience in executing construction works ordered by the Dong-gu Office in the future from E.

Then, the Defendant, around December 4, 2007, received money and valuables from E as “the credit card price is required” and received money and valuables from E on December 4, 2007, including the above solicitation, from E, KRW 1 million on March 24, 2008, and KRW 300,000 on August 13, 2008, respectively.

In addition, the Defendant, who was ordered by the Dong-gu Office on December 8, 2006, is in charge of the work as a construction supervisor of the “I Daily Road Construction Works”. Although it was discovered around that time that the Geum River Construction Co., Ltd., the construction contractor, entered into a subcontract agreement with F on June 11, 2007 and discovered that it was a lump sum subcontract for all of the construction works, the Defendant shall report the fact of the lump sum subcontract until the completion of construction on November 14, 2007.