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(영문) 부산지방법원 2017.01.13 2016고합553
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

Defendant shall be punished by imprisonment for six years and by a fine of 150,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant was a person who was in office as the head of an association of an urban development project E (hereinafter “instant urban development project”) association in Kimhae-si, and was a person who is deemed a public official in applying penal provisions under Articles 129 through 132 of the Criminal Act pursuant to Article 84 of the Urban Development Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery);

A. On June 15, 2010, the Defendant received KRW 100 million in cash (hereinafter “F”), an agent for the implementation of the instant urban development project association, and in the case of another corporation, “stock company” is omitted and refers only to the remaining trade names). G on June 15, 2010, where there is no concern that substantial disadvantages may be inflicted on the Defendant’s exercise of the right to defense of the Defendant’s apartment complex in Busan Jin-gu, Busan, the court acknowledged facts different from the facts charged without going through amendments to indictment within the same extent and without going through amendments to indictment, or it does not violate the principle of disadvantage and disadvantage (see, e.g., Supreme Court Decision 2002Do2134, Jul. 12, 2002). According to the records, it is reasonable to deem that the Defendant’s right to defense of the instant apartment apartment that is reduced to KRW 100,000,000,000,000,000,000).

It is difficult to see that the identity of the facts charged is not undermined, and the defendant is not in a way to be able to exercise his right of defense.

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