A defendant shall be punished by imprisonment for a term of one year and four months.

393,719,060 won shall be additionally collected from the defendant.

Punishment of the crime

[2017 Highest 46] The Defendant is a person who has been working as a main agent of the government-funded construction in South Korea, such as Naju-si Office.

On March 2009, the Defendant requested Q, the representative director of P(P) corporation (hereinafter “P”) to Q, who is the representative director of P, in a mutual influence restaurant located in Naju-si, around 2009, is aware of the water tank business for at least 10 years in the south area and all other public officials in the south area. Thus, the Defendant requested the public official in charge so that P can be awarded for the supply contract case ordered in the south area.

In the case of success in contract acceptance, the amount of the contract is changed to 14% in return for the 14% price and Q’s approval was obtained.

On June 22, 2011, the Defendant received a total of KRW 269,567,560 won from Q to June 24, 2016, under the pretext that the Defendant received transfer of KRW 5,077,940 from Q to the public official in charge of “R (the date of concluding a contract: March 25, 201)” which is a cause of “R” from the contract value of the order of the Gangnam-gu Military Office around 16,250,00, in solicitation of the public official in charge of “R (the date of concluding a contract: March 25, 2011) and received the transfer of KRW 5,07,940 from Q from Q to June 24, 2016.

As a result, the Defendant received a total of KRW 269,567,560 on the pretext of soliciting or arranging the affairs of public officials.

[2017 Highest 4266] The PVC water tank, etc. handled by S need to be supplied promptly and entered into a contract with manufacturers at the Public Procurement Service only by setting a unit price with manufacturers, and then the manufacturers are registered on the “State-based integrated shopping mall.” The public officials in charge of purchasing each local government have access to the above site, and if necessary articles among the various articles registered by manufacturers, they can be purchased by the method of “third party unit price contract” under which the purchase contract is entered into with the relevant manufacturers.

The defendant is awarded a government-funded contract from around 2003 to the south area.