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(영문) 서울중앙지방법원 2018.06.15 2017고정1997
정치자금법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the representative director of B Co., Ltd. (hereinafter “B”), C is the director of B Co., Ltd. D, and E was the former director of B Co., Ltd.

On May 23, 2012, the National Assembly of the Republic of Korea (hereinafter “National Assembly”) passed a G amendment that restricts large enterprises’ participation in software business ordered by public institutions, such as government agencies, to protect small and medium enterprises, and was scheduled to implement on January 1, 2013. Furthermore, H party I member strengthening restrictions on large enterprises’ participation in public institution ordering software business on November 15, 2012, and submitted a proposal to the National Assembly by representing the G amendment that prohibits mutual investment-restricted enterprise groups from participating (the existence of voluntary regulations that restrict existing participation).

Upon the receipt of the above amendment, B became a company's own investment-restricted enterprise group, and B is prohibited from participating in software business ordered by public institutions, including J, the parent company of B, and therefore the existence of the company is threatened.

On November 19, 2012, B established and operated “KF Team (hereinafter “TF”)” under the direct control of the representative director, and the head of the TF Team decided to respond to the G amendment proposal proposed by the said I member through the process of TF discussions.

LF's working-level L, etc. is found on November 21, 2012, and there is a need for a provision to exclude public institutions from the regulations on restricting the participation of large enterprises in the G Amendment, considering the special characteristics of public institutions, such as B.

“The purpose of “” was explained, and on the 29th of the same month, a written “B trade union position to the G Amendment Bill” was submitted in the name of the B trade union.

On December 10, 2012, the Defendant held a management pending meeting while E, the head of the TF team C and TF team interest management, who is the head of the TF team, was present.

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