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(영문) 서울중앙지방법원 2017.09.21 2017고합626
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

Defendant

A Imprisonment with prison labor for five years and fines for 100,000,000 won, and Defendant B shall be punished by imprisonment for one year.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a local public official working at the roads and road management teams of Seoul J-gu Office, and Defendant B indicated in the indictment for around 2006 as “ around April 21, 2010.” However, according to the records of this case, Defendant B has actually operated L corporation from around 2006.

From the Seoul Special Metropolitan City, Nowon-gu K and the second floor, L Co., Ltd. (hereinafter referred to as "L") for the purpose of packing construction business is operated.

1. Defendant A

A. The Defendant, as a supervisor of “M construction (annual unit price)” ordered by the Seoul J-gu Office road department, was in charge of managing and supervising the successful bidder in accordance with the design documents, specifications, and work instruction standards, and whether the contract is illegal subcontracting, or whether there is no nominal lending construction.

On March 27, 2013, the Defendant found that a N Co., Ltd. that received a contract from the Seoul JJ office for the said construction works subcontracted to L operated by B for the entire construction works in violation of the Framework Act on the Construction Industry. As such, the Defendant took necessary measures, such as accusation and restriction on bidding to prevent recurrence.

Despite the need to take any action, the court did not take any action with the implied consent.

In addition, from around that time to January 4, 2017, the Defendant did not take any measures despite being aware of the fact that B received a subcontract from a successful bidder and performed a project to improve the road environment, such as road packing works, packing road maintenance and repair works (hereinafter referred to as “instant packing road maintenance and repair works, etc.”), which were ordered by the J-gu Office, such as a list of crimes (1) to be ordered by the J-gu Office, and road maintenance and repair works.

Accordingly, the defendant has deserted his duties without justifiable reasons.

B. On February 23, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) shall be affiliated with the Gangdong-gu Seoul Metropolitan GovernmentO around 21:05.

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