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Defendant
A and B shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.
provided that this ruling has become final and conclusive.
Reasons
Criminal facts
1. Defendant A and Defendant A were the director of the construction technology team in the 8th floor of Seocho-gu Seoul Metropolitan Government (hereinafter “N”). Defendant A and Defendant A were the director of the construction technology team. Defendant B, who was ordered by the second office of education of Gyeonggi-do, constructed social infrastructure such as schools (SOC) with funds from the private sector. After completion, ownership shall be transferred to the government, but the Government shall pay the rent to the private business operators and collect the investment cost in relation to the public project implementation method that the government shall be in charge of the above N and the City Corporation, which was established for the new construction of the “three schools other than O elementary schools,” and Defendant B was in charge of the selection of a sub-contractor through P, a special purpose corporation established for the new construction of the “three schools other than O elementary schools,” and Defendant B was in charge of the affairs of the construction technology team while serving as a director.
The Defendants breached their duties with a good manager’s duty to select a sub-contractor in relation to new construction works of schools implemented N, and agreed with Q2 R to receive payment for the selection of a supplier company. On April 12, 2010, the Defendants concluded a contract with Q Q Co., Ltd. (hereinafter “P”) around the above N office to enter into a contract with the said N office for the supply of goods for three-transfer-lease projects (contract amounting to KRW 838,970,104), and agreed with Q2 R to receive a refund of some of the contract amount as rebates, according to the said agreement, around April 2010, the Defendants received KRW 70 million from the business head of Q Q, who received instructions from the above R in return for the selection of Q as a supplier of the school.
As a result, the Defendants conspired to handle another person's business and received 70 million won in return for an illegal solicitation in relation to their duties.
2. Defendant C.