1. Defendant A shall be punished by imprisonment with prison labor for a year and by a fine of thirty million won.

The above fine shall not be paid by the defendant.

Punishment of the crime

[2017 Highest 826]

1. Defendant A, including the Defendants, was working as a responsible supervisor of H Corporation’s responsible supervision headquarters (the construction management manager) in progress from around 2007 to the present date, and confirmed whether the above construction is being carried out according to design books, etc. through the management and supervision of auxiliary supervisors, on-site inspection, etc., and Defendant B is a person in charge of the process, quality and safety management, etc., and Defendant B is a subcontractor of the said construction section (hereinafter “the instant construction”). Defendant B is a person who actually operates the K [the Plaintiff holding a patent of public law “L” which is a kind of public law patent firm for noise and vibration crushing, and hereinafter “K”).

The instant construction work was designed by the “L” construction method, and the said construction method was higher than 4 to 5 times the unit price for the blasting of general powders, etc., and a civil petition was filed, such as the waste of unnecessary budget from the beginning of the instant construction work. Defendant A, as a military unit, etc. in the vicinity of the instant construction site, presented his opinion that the construction should continue to be carried out by the said construction method. Defendant A had been able to continue the instant construction work by the said construction method. Defendant B had been able to deliver money and valuables upon requesting the case thereof and various conveniences related to the construction work.

2. Criminal facts;

A. On September 12, 201, Defendant A received a cash of KRW 1 million from the “P” restaurant located in the O around January 18, 2012, and received a cash of KRW 5 million from the above N, from the above N on September 25, 201, the Defendant received a request from the above N to the effect that “P” (i.e., giving many assistance, such as ensuring that the LA section of the instant LA of the instant construction is not modified, allowing K to continue the construction, and even in the future, various conveniences related to the construction) is changed,” and (ii) received a cash of KRW 5 million from the above N around September 25, 2012.