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(영문) 서울서부지방법원 2017.09.13 2017고단1656
뇌물수수
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 40 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

D Housing redevelopment and rearrangement project association (hereinafter referred to as the "association") is a corporation established on September 27, 2012 for the purpose of improving urban and residential environment and improving the housing stability and quality of residential life by removing buildings, such as apartment buildings, from 118,069.30 square meters in Dong-si, Incheon-si, Gyeonggi-do, and constructing apartment buildings, etc. of a total of 2,128 households.

The Defendant is a person who is selected as a director of the foregoing union on September 27, 2012 and performs duties, such as concluding a service contract ordered by the union until he/she withdraws on July 5, 2016, and is deemed as a public official in the application of bribery under the Act on the Maintenance of Urban and Residential Environments.

From early 2014, the Defendant received KRW 20 million from G under the pretext of having expressed a request from the managing director G of F, a company specialized in removal (ju) to permit the removal of the goods ordered by the partnership from G to the general managing director G of F, a company specialized in removal, on March 19, 2014.

Accordingly, the defendant received a bribe of KRW 20 million in relation to the defendant's duties as a director of the above union, which is deemed a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or G by the prosecution;

1. Application of Acts and subordinate statutes to an investigation report (credit investigation report (report accompanied by a credit investigation sheet and a certified copy of a register), investigation report (the date on which G preparation work is conducted, H company card use details, and F card use details);

1. Relevant provisions of the Criminal Act and Article 129 (1) of the Criminal Act regarding criminal facts, the choice of punishment, Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Concurrent Imposition of Punishment) and Article 84 of the Act on the Aggravated Punishment, etc. of Urban and Residential Environment Rearrangement;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The latter part of Article 134 of the Criminal Act;

1. The association, a public official, who is the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act.

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