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(영문) 광주지방법원 2020.02.07 2019고단1428
업무상횡령등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 40 million.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

[Status of Defendant A] As the head of the 'D Zone Housing Redevelopment and Improvement Project Association' that promotes new construction of apartment houses with 2,336 households in the Dong-gu Seoul Special Metropolitan City, Gwangju Metropolitan City, the overall affairs of the partnership, such as the conclusion of the service contract ordered by the partnership, the execution of the expenses for the operation of the partnership, etc., shall be controlled. Defendant A is a person who is deemed as a public official in bribery under the Act on the Maintenance and Improvement

Defendant

B is the representative director of E, a corporation specializing in maintenance and improvement projects, which entered into a contract for specialized management of housing redevelopment and improvement projects with a "D Area Housing Redevelopment and Improvement Project Association" around September 27, 2014.

【Criminal Facts】

1. Defendant A

A. On August 2, 2016, the Defendant embezzled KRW 22,00,000,000, which was the victim’s “D Area Housing Redevelopment and Improvement Project Association (hereinafter “instant association”) located in Gwangju-gu, Gwangju-gu (hereinafter “instant association”)’s account in the name of the victim, as remuneration for the Defendant’s attorney in criminal cases against the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents of Gwangju District Prosecutors’ Office G.

B. On October 2017, the Defendant received a request from B to promptly settle the service payment amount of approximately KRW 210 million from the office described in the above paragraph (a) and offered to B a promise to provide B with the effect that “I would promptly pay the service payment, and I would like to request KRW 20 million,000,000,000,000,000,000 from the office described in the above paragraph (a).” On October 27, 2017, the Defendant paid the service payment to B, and received KRW 20,000,000,000 from B around November 6, 2017.

Accordingly, the defendant received a bribe of KRW 20 million in relation to the defendant's duties as the president of the association of this case, which is deemed as a public official.

2. Defendant B’s offering of a bribe around November 6, 2017.

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