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(영문) 대전지방법원 2017.12.22 2017고합260
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a corporation established for the purpose of improving urban and residential environment by removing a marity of 59,664m2 in Daejeon Jung-gu, Daejeon Special Metropolitan City (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Do Do Do Do Do Do Do 59,664m2 and constructing a new building on the site.

From November 21, 2007, the Defendant was in office as a director of the above union from November 21, 2007 to the present, and was in charge of all the affairs of the union related to the selection of a contractor and the selection of a removal company. E is a managing director of F Co., Ltd. (hereinafter “F”), a removal company, who takes charge of the business to receive removal, relocation management, and crime prevention services from C.

The Defendant received KRW 18 million in total from E, including giving and receiving KRW 24 million in total from September 25, 2009 to November 25, 2009, each month from April 2009 to September 12, 2009, by receiving the request from E to receive KRW 24 million in total from E, from around September 25, 2009.

In addition, while receiving money from E during each month, the Defendant demanded 30 million won as he urgently needed to receive money from E, and received KRW 30 million from E around September 2009.

Accordingly, the defendant received a bribe of KRW 54 million in total in relation to the duties of the C Redevelopment Partnership, which is deemed as a public official.

2. The Defendant alleged that he received approximately KRW 35 million per month from E in around 2009 or KRW 35 million per month. However, there was no fact that he received KRW 30 million in a lump sum, and the Defendant borrowed the said money received from E rather than receiving it as a bribe.

3. Determination

A. Determination as to the part that received KRW 30 million around September 2009 (not guilty part) of the facts charged in the instant case.

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