특정범죄가중처벌등에관한법률위반(뇌물)
A defendant shall be punished by imprisonment for a term of three years and a fine of forty-five million won.
When the defendant does not pay the above fine.
Punishment of the crime
The F Housing Redevelopment and Improvement Project Association (hereinafter referred to as the “Union”) was established on October 27, 2009 for the purpose of improving urban and residential environment and improving the housing stability and quality of residential life by removing buildings, such as housing, etc., on a total of 2,738 square meters, from the Seoul Special Metropolitan City, Suwon-gu G Man-gu, Seoul Special Metropolitan City, and constructing apartment buildings, etc. of 138,401 square meters.
From October 27, 2009, the Defendant, from around the time of the establishment of the partnership, was in office as the president of the partnership who has overall control over the affairs necessary for the execution of the partnership funds and the conclusion of contracts necessary for the execution of its business. On January 29, 2011, the Defendant delegated the recommendation of the removal company to the construction of GS, which is the time of the general meeting of the partnership, but the matters regarding the conclusion of contracts with the removal company, which is the recommendation of the removal company, are in line with the matters approved by the general meeting of the partnership and the board of representatives, and the removal company is able to construct
Accordingly, the construction of GS, which is a contractor, is reasonable for the cooperative as the lowest bidder, through a designated competitive bidding from July 12, 201 to August 2, 2011, by the delegation from the cooperative.
“Notice of the recommendation of the removed entity was given.”
From early 2010, the Defendant met several times with J and L (I) directors of H who want to receive services to remove the said union, and in particular, around April 201 to May 5, 201 with J and L (I) in the partnership offices located in Suwon-gu, Suwon-si, Suwon-si, Gyeonggi-do.
On August 3, 2011, the Defendant: (a) demanded the J to conclude a contract for removal at the time when he/she was notified that the Plaintiff was a minimum bidder from the construction of GS, which is a Si/Gun/Gu construction; (b) demanded the J to conclude a contract for removal at the time of the receipt of the Defendant’s request; (c) At the latest on August 17, 201, the Defendant received KRW 30 million in cash from the J in the vehicle located near the Defendant’s dwelling in the Si/Gu of Suwon-gu, Suwon-si, Gyeonggi-do at the latest on August 17, 201; and (d) thereafter, at the extraordinary general meeting of the Association on October 25, 201 and at the meeting of delegates on November 18, 201, H.