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(영문) 서울중앙지방법원 2014.05.15 2014고합191
특정범죄가중처벌등에관한법률위반(뇌물)
Text

Defendant

A Imprisonment of three years and fine of 60 million won, Defendant B’s imprisonment of two years and six months and fine of 30 million won, and Defendant B.

Reasons

Punishment of the crime

[Status of Defendant A is the president of the K Agricultural Cooperative in Yangcheon-gu Seoul J (hereinafter “KFF”), Defendant B is the standing director of the said KFF, Defendant A and Defendant B are deemed public officials pursuant to Article 4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes. Defendant C is a person awarded a subcontract for the construction of a new warehouse for large agricultural materials in Guro-gu Seoul Metropolitan Government ordered by the KFF around November 2009.

【Criminal Facts】

1. Defendant A, Defendant B, and Defendant B, in the president of the association of Defendant A on January 27, 2010, in the second floor of the NAC around 2010. At around November 2009, Defendant C, a constructor of the construction of new LF warehouse ordered by the NAF, appointed as a subcontractor of the above LF warehouse, and designated as a high party member, and in the future, Defendant B received bags containing KRW 20 million in cash, even though it was well aware that they would be able to receive a subcontract for various construction works ordered by NAF. From March 27, 2010 to April 20 of the same year, the envelope was delivered to Defendant B, with knowledge that it was identical to the same purport in the standing director of Defendant B on the second floor of NAF, with the knowledge that it was ordered from around November 2010 to April 20 of the same year.

As a result, Defendant A and Defendant B accepted a bribe of KRW 30 million in cash in relation to their duties in collusion.

2. Defendant C issued a total of KRW 30 million to Defendant A, the president of the NAFF, and the executive director of the NAF, at the same time, and at the same place as described in paragraph (1).

As a result, Defendant C offered a bribe in relation to the official duties of public officials.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Data on the subcontract for construction works, L warehouses contracts, details of financial transactions, and tracking of financial accounts;

1. Investigation reports (to be accompanied by records of financial statements submitted to C) and investigation reports in cash;

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