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(영문) 수원지방법원 2013.12.13 2013고합634
특정범죄가중처벌등에관한법률위반(뇌물)
Text

A defendant shall be punished by imprisonment for four years and by a fine of 82,500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

around 2006, the Defendant was appointed as the chairman of the Promotion Committee for the Establishment of the DHousing Redevelopment and Improvement Project Association (hereinafter “instant redevelopment project”), which was established to implement a housing redevelopment improvement project on the size of 127,849 square meters of the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu Seoul Special Metropolitan City, and obtained approval for the establishment of the said Promotion Committee from the Busan Special Metropolitan City on November 7, 2006.

The "DD Housing Redevelopment Project Association" was authorized to establish an association on May 8, 2009 and completed the registration of incorporation of the defendant as the head of the association on May 20, 2009, and the defendant became the head of the association on the same day.

Meanwhile, pursuant to Article 84 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268, Apr. 15, 2010; hereinafter the same), the Defendant, as the chairperson of the Promotion Committee from February 6, 2009, became a public official in the application of bribery as the president of the partnership from May 20, 209.

The Defendant had the intent to receive money and valuables from the employee F of the E Co., Ltd. (hereinafter “E”) who had engaged in business activities to receive the removal construction of the instant redevelopment project, and the F had f a f associated with “it requires operational funds, such as meal expenses, entertainment expenses, etc. for union members and executive officers. It is necessary to work with representatives, directors, etc.”

G, the chairperson of E, received a report from F that he/she should give money to the Defendant for the orders for the removal of the redevelopment project of this case, instructed H, an employee in charge of funding, to raise funds, and H granted 82.5 million won in total to F, five times from February 20, 2009 to June 22, 2009.

On February 2, 2009, the Defendant received KRW 10 million in cash under the pretext of honorarium in addition to the solicitation that the education officer of the Hacheon-si Seoul Special Metropolitan City Council would be able to receive the removal of the instant redevelopment project from F in order to take charge of the removal of the instant redevelopment project from F. The Defendant’s receipt of KRW 10 million from around that time to June 2009 as shown in the list of crimes.

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