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(영문) 수원지방법원 2015.07.17 2015고합291
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 8,000,000 won.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who engages in the government-funded construction mediation business in the operation of the KM (hereinafter referred to as the "E") of the Kuyang-gu D Officetel 4020 in Busan, and Defendant B is a director in Ansan-si F or G (G) located in 610 (hereinafter referred to as the "G"). Meanwhile, H is a person who worked as a business director of K (K) (hereinafter referred to as the "K") who is a soil company specialized in J facilities construction, etc. in Ansan-gu I and 521 during Ansan-si, and died on July 12, 2014.

1. Defendant A

A. The Defendant entered into an agreement on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (remediationd Property) with E Office in order to provide that “the Defendant shall pay the cost to the relevant public officials so that K may receive orders from K for the construction of J facilities ordered by the Busan Southern-gu Office, and shall receive the price equivalent to 10% of the receiving amount if he/she participates in receiving orders from K.”

The Defendant, in accordance with the above agreement, was going to be selected by K as a public official of the Busan Southern-gu Office in order to transfer KRW 5,000,000 from K to the Defendant’s Busan bank account as activity expenses on February 3, 2012. On or around July 1, 2012, the Defendant drafted a business agreement with H to the effect that “E shall act as an agent of K as if it was a normal contract” with H, and received KRW 31,21,00 from the business to the Busan bank account in the name of E, and received KRW 13,21,00 on or around July 6, 2012, the Defendant received KRW 13,21,00 from K to the Busan bank account in the name of E, and received KRW 31,42,200 on three occasions, including transfer of KRW 13,21,000 from September 4, 2012.

As a result, the defendant received money and valuables on the intermediation of matters belonging to public officials' duties.

B. The Defendant in violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment is the same as the foregoing paragraph in order to pretend that he/she would receive the successful payment due to a normal business contract at the E office around July 1, 2012.

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