Defendant

A Imprisonment of 10 million won and fine of 7 million won, Defendant B of 1 million won and Defendant C of 2 million won.

Punishment of the crime

[2017 Gohap 12]

1. Defendant A is a local agricultural assistant (Grade VII) working for G military forest management department, who is a public official in charge of the selection of assistant business operators related to various subsidy projects, grant subsidies, inspection of settlement, confirmation of the actual status of implementation of projects, etc. conducted by G Gun for livestock farmers, and the ordering of construction of fish ladders facilities and the implementation of construction works in inland waters.

A. On April 2014, I Co., Ltd. that is operated by GH is awarded a contract for a construction work of “J fishingdo facility construction” ordered by GJ, and a constructor under the Framework Act on the Construction Industry is prohibited from subcontracting all of the contracted construction works to another constructor.

Nevertheless, the Defendant, who is a public official in charge of the above facility construction, listens to the opinion that he would know about the whole of the above construction works from H and proposes that he will receive a subcontract for the above construction work from H around May 7, 2014, L, C, at the I office of the corporation I located in Gyeongbuk-do, around May 8, 2014, C paid KRW 5 million in return for the subcontract to H, subject to the condition that C would pay KRW 5 million in return for the subcontract to H.

The Defendant was issued KRW 5 million in cash from C on the same day to the effect that, immediately after the aforementioned subcontract agreement was entered into, the aforementioned illegal subcontracting agreement was implied and convenience in the future construction process was offered to C while he returned to the Gyeong N on the same day after the said subcontract agreement was reached.

Accordingly, the defendant accepted a bribe in relation to his duties.

B. On August 5, 2015, the criminal defendant, after accepting the bribery, proposed that B, a livestock raiser who was known to the general public, purchase more than 15 million won of the subsidy, after receiving the subsidy from a local subsidy business operator, on the grounds that he applied for the Environment Improvement Equipment Support Project implemented by the Gyeongbuk-do and G, as a local subsidy business operator, and that B purchase more than 15 million of the subsidy.