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(영문) 서울서부지방법원 2018.08.10 2017고단1653
뇌물수수
Text

Defendant shall be punished by imprisonment for one year and fine for 22,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

B The partnership (hereinafter “the partnership of this case”) was established on September 30, 2008 for the purpose of removing old buildings in the area of 263,100 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, for the purpose of improving urban and residential environments by constructing new buildings on the site.

From around September 30, 208 to March 3, 2015, the Defendant expired the term of office as an auditor of the instant cooperative, but on March 4, 2015, the Defendant continued to perform his/her duties as an auditor on the register of the cooperative until his/her successor was appointed on March 4, 2015, and thus, in applying Article 129 of the Criminal Act pursuant to Article 84 of the former Act, he/she shall be deemed a public official (see, e.g., Supreme Court Decision 2015Do15798, Jan. 14, 2016). Since the Defendant’s right to defense is not impeded, this part of the facts charged is modified as above.

From March 4, 2015, an auditor of the foregoing union, a person who was engaged in the operation of the business of the union as the head of the association and was engaged in the operation of the business of the association. D is a person in charge of the contracting duties of E and F Co., Ltd. (hereinafter “Co., Ltd.”) as the removal company, and G was a general executive director of the foregoing E, who was engaged in the business of removal for E and F under the direction of D in relation to B, and was engaged in the business of removal for the sake of E and F.

person is a person.

D and G’s main activities, on January 15, 2010, the said union entered into a “a removal and debt-processing construction contract” in an amount equivalent to KRW 11.977,897,000 of the contract amount with E, and entered into a “a land expropriation and adjudication service contract” in an amount equivalent to KRW 5 billion of the contract amount with F on June 20, 2014.

The Defendant, from around 2008, received request from the above D and G to order removal works, etc. from the party who is the removal company, and concluded the contract with E as above, and then conducted the audit of the conclusion of the contract and the provision of convenience to the future work, etc.

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