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(영문) 서울중앙지방법원 2020.08.21 2020고합372
특정범죄가중처벌등에관한법률위반(뇌물)
Text

Defendant

A Imprisonment with prison labor of six years and fines of KRW 150 million, Defendant B imprisonment with prison labor of two years, and Defendant C with prison labor of one year and six months.

Reasons

Punishment of the crime

Defendant

A around August 2017, an employee of a local public enterprise in charge of management of a unsold store in Songpa-gu Seoul Metropolitan Government F, which was managed by D while working for D E department from that time until February 2020, and of attracting large scale store and providing related consultation. Defendant B and Defendant C operated mobile phone sales store within H, located in Seoul Special Metropolitan City G.

1. Around July 16, 2018, Defendant A and C heard the horses that they want to operate a mobile phone store by leasing the F 6th floor in a lump sum, and discussed the conditions, etc. related to the lease agreement at the “J” restaurant located in Gangnam-gu Seoul Metropolitan Government I, and suggested B and C to the effect that “I would be able to be able to have the lease contract terminated smoothly, would be able to receive the removal cost and help to set the rental fee at a low price.”

At around 14:00 on July 19, 2018, the Defendant received KRW 50 million in cash from B and C, along with a solicitation to the effect that in the BMW320 car located in the BW 320 car, the Defendant was given convenience in entering into the lease contract as above.

B. On August 13, 2018, the Defendant received KRW 50 million in cash from B and C, along with a solicitation that he/she would be given convenience in relation to the conclusion of the lease agreement, at the front parking lot of K “L” cafeteria located in Chungcheongnam-si, Nam-si.

C. On September 3, 2018, the Defendant issued KRW 30 million in cash from B and C via Kwikset Service Articles on the front side of the department store “M” in the above F, along with a solicitation to the effect that convenience relating to the conclusion of the lease agreement is given to B and C, at around September 18, 2018.

Accordingly, the defendant received total of KRW 130 million from B and C in relation to the duties of a person who is deemed a public official.

2. Defendants B and C are at the above “J” restaurant around July 16, 2018.

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