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(영문) 수원지방법원 2017.05.26 2017고합141
특정범죄가중처벌등에관한법률위반(뇌물)
Text

Defendant

A Imprisonment of two years and six months and fine of 43,00,000 won, Defendant B imprisonment of one year, and Defendant C of one year and six months.

Reasons

Punishment of the crime

Defendant A is the field supervisor of the instant construction work, “N block and O block apartment construction work tools (total construction costs: approximately KRW 18.2 billion; construction period: from February 6, 2013 to April 10, 2016; hereinafter “the instant construction work site supervisor”)”, which was ordered by LH Corporation to the vice head of the Korea Land and Housing Corporation (hereinafter “LH Corporation”).

Defendant

C From January 1, 2015 to May 6, 2015, as the Seoul Housing and Urban Corporation (hereinafter “SH Corporation”) P, from around January 1, 2015 to around May 6, 2015, the construction supervisor of Q apartment construction (hereinafter “the instant construction construction work”) who was ordered by SH and received orders from the KH Corporation and was in charge of inspection of the present progress of electrical construction, payment for construction, design, and alteration thereof. Defendant C and D overall control over the instant electrical construction work process.

Defendant

B is a representative director of the MM to manage the company established for the purpose of the electrical construction business.

"2017 Gohap 141"

1. On May 29, 2015, Defendant A received cash in an amount equivalent to KRW 42,49,000 in total, five times in total, as shown in the attached Table of Crimes, from (i) the managing director of (i)M, who received instructions from (ii)M’s representative B at (iii)M’s office on the following occasions: (i) the receipt of cash in exchange for an implied solicitation, and (ii) the demand for convenience in design change, etc.; and (ii) the receipt of cash in exchange for a total of KRW 10 million,00,000, as indicated in the attached Table of Crimes, from January 29, 2016.

Accordingly, the defendant received a bribe equivalent to the sum of KRW 42,49,000 from the above B and T in relation to the duties of a person who is deemed a public official.

2. Defendant B, in collusion with the managing director T of (State)M (a disposition of suspension of indictment on March 23, 2017), in the aggregate of KRW 42,49,000, in addition to the solicitation as referred to in paragraph (1), in the same date, time, place as referred to in paragraph (1).

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