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A defendant shall be punished by imprisonment for a term of three years and a fine of thirty-five million won.
When the defendant does not pay the above fine.
Reasons
Criminal facts
From April 22, 2010, the Defendant, as the president of the F apartment reconstruction and rearrangement project association (hereinafter “instant association”), has overall control over the affairs of the instant association.
On January 21, 2013, the Defendant received a request from H to the effect that G would select G as an information and communications fire-fighting supervision service provider in relation to the construction of F apartment housing in relation to the construction of housing units from G (hereinafter “G”) around January 2013, and consented thereto. On January 21, 2013, the Defendant received KRW 30 million in cash from H at the front parking lot of the first floor J restaurant in Gangdong-gu Seoul Metropolitan Government I Building.
In addition, from around that time to February 18, 2015, the Defendant received money and valuables worth KRW 32,300,000 from H in total on three occasions, such as the name of a service contract for information and communications and fire supervision, as shown in the list of crimes attached hereto.
Accordingly, the defendant accepted a bribe in relation to the duties of the president of the Housing Reconstruction Project Association, which is deemed a public official.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of the witness H;
1. Application of Acts and subordinate statutes to investigation reports [the residence of H], investigation reports (the confirmation, etc. of the head of the association of the association of the reconstruction and improvement project association of F apartment houses), investigation reports (the attachment of the minutes of the board of directors of the association of the reconstruction and improvement project association of apartment houses) and investigation reports (the confirmation of the details of cash withdrawal on January 21, 20
1. Article 2(1)3 and Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 129(1) of the Criminal Act, Article 84 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13912, Jan. 27, 2016);
1. Article 53, Article 55(1)3, and Article 6 of the Criminal Act (the following favorable circumstances required for sentencing)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The latter part of Article 134 of the Criminal Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years and fine;