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(영문) 인천지방법원 부천지원 2016.03.18 2015고합288
제3자뇌물교부등
Text

Defendant

A Imprisonment for two years, Defendant B imprisonment for eight months, Defendant C for one year, and Defendant D for one year.

Reasons

Punishment of the crime

1. Although Defendant A and P lent KRW 74 million to Q around 1998 in violation of the Special Measures Act on the obstruction of the performance of official duties and the designation and management of the development restriction zones, Q did not change this and died, Defendant A and P filed a civil suit against Q to the effect that Q would “the original claim KRW 20 million and the interest thereon KRW 86,268,40, the sum of KRW 286,268,400, and KRW 286,268,400” was paid. The provisional attachment was made on Kim Jong-si T, U, and V land (hereinafter “instant gas station site”).

Defendant

A tried to install gas stations on the above site. The gas station site of this case was designated as a development restriction area pursuant to the Act on Special Measures for Designation and Management of Development Restriction Zones. On January 16, 2001, A, on January 26, 201, a public notice of the placement of gas and charging stations (Wed Kimpo-si public notice) and on January 26, 2012, “the plan for the placement of gas gas (LPG) for filling petroleum gas within the development restriction area and the public notice of the change in the permission criteria” was limited to “a person residing within the development restriction area from the time of designation of the development restriction area (LPG August 25, 1972)” and the person who has the right to apply for permission for gas stations was planned to file an application for permission in the name of the original resident after being leased the name of the resident who was living outside the development restriction area.

Defendant

A around January 2010, a proposal was made to the effect that “P may apply for the permission of gas station in the name of P in lieu of Defendant A’s subrogated repayment of obligation of Q.” to P.

P accepted this and received the repayment by Defendant A in subrogation of KRW 200,000 from the office of X located in the needy area around that time.

After that, on February 16, 2012, Defendant A is a lender of the instant gas station site. Although Defendant A obtained permission, Defendant A applied for permission to construct gas stations in the name of P as it actually obtained permission, Defendant A applied for permission to construct gas stations in the name of P, and on March 21, 2012, in the city planning department of Kimpo-si on March 21, 2012.

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