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(영문) 서울남부지방법원 2015.01.23 2014고합284
뇌물수수등
Text

Defendant

A and B shall be sentenced to three years of imprisonment and fine of KRW 90 million, and Defendant C shall be sentenced to two years of imprisonment and fine of KRW 20 million.

Reasons

Punishment of the crime

【Powery Facts】

1. The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) shall guarantee the repair of defects by a housing construction company, such as apartment houses, and where it is difficult to repair defects due to the failure, closure, or business difficulties of the company in the apartment house, etc. in which the defects occur, the Corporation of an apartment complex of a public institution, which is a public corporation, shall submit a guarantee certificate issued by the issuing agency, such as a warranty bond, which is mandatory prior to an application for usage inspection pursuant to Article 60 of the Enforcement Decree of the Housing Act, such as the warranty bond, and

(1) The method of the performance of the warranty is to be made by the payment of the bid amount (tender method) to the enterprise determined by the Korea Housing Guarantee with the direct selection of the repair enterprise, or by the payment (cash payment method) of cash for the purpose of repairing defects to the apartment housing council.

The basis of the method of implementing guarantee is the performance of the guarantee obligation of the Korean Housing Guarantee, and the bid method and the cash payment method are determined according to the choice of the apartment council of occupants' representatives.

The repayment guarantee is the standard amount of bidding methods or cash payment methods to determine the existence and degree of defects when requested by the council of occupants' representatives of apartment houses to investigate the site and prepare a report on the result of defects in order to determine the existence and degree of defects, and to select the cost company to calculate the basic amount necessary for the repair according to the degree of defects.

shall be calculated by the court of law.

On the other hand, in the case of cash payment method, the council of occupants' representatives requests the performance of the defect repair guarantee under the condition that most of the repair companies are fixed in advance. In general, occupants' representatives shall give points to each company after holding the briefing session.

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