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(영문) 수원지방법원 2019.07.12 2018고합449
특정범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

To the extent that there is no risk of actual disadvantage to the defendant's defense, part of the facts charged was revised according to the facts acknowledged through the examination of evidence without the amendment process.

1. The Defendant is a public official who served as the director of the river viewing division from around December 24, 2013 to July 31, 2014, and the director of the Gu Office Construction division from around August 1, 2014 to May 2, 2016. From around May 3, 2016 to February 22, 2017, the Defendant is a public official who served as the director of the river viewing division.

2. At around 2008, the Defendant became aware of D, which was a hub for the government-funded construction arrangement, at the time of serving as the head of the Government-funded river team. From around 2010, the Defendant was very closely related to D.

On the other hand, D around October 2013, at the office of G Co., Ltd. (hereinafter “G”), an enterprise operating the F Sale and landscaping business located in Yeongdeungpo-gu Seoul Metropolitan Government E (hereinafter “G”), it received a proposal from the actual representative H of the above company, which was known of the relationship between D and the Defendant, that “if the contract is concluded upon request of the public officials of B including A (Defendant) so that it may be selected as a negotiated contract for government-funded construction work, such as the installation work ordered by B, it would pay an amount equivalent to 10% to 15% of the construction cost in return for the said contract.”

On April 2014, the Defendant came to know of the fact that D, the actual operator of the foregoing G, H, and the director in charge of the business, entered into the above agreement with H and agreed upon the request of H to receive the order for the construction contract at the time of B. At that time, the Defendant was able to receive the government-funded construction works ordered by G through his position so that G may receive the order for the construction contract at the time of B. As a result, the Defendant conspired with D to receive the payment from G when G is selected as a free contract.

3. Specific facts of crime.

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