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(영문) 창원지방법원 2016.04.14 2015고합290
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for four years and fine for 70,000,000 won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Defendant

A was appointed as a public official of Gohap-gun around July 5, 1993, and thereafter from July 5, 2012 to July 1, 2012, A is Kimhae-si and in charge of the permission for development activities and the permission for factory establishment. Defendant B is a person who operates a real estate investment company located in the city of Kimhae-si, and Defendant C is a person who operates a 'K' corporation located in the city of Kimhae-si.

1. Defendant A

A. On September 18, 2012, the Defendant purchased a large number of real estate located in Kimhae-si at Kimhae-si, and received KRW 20 million from B, who is engaged in a business re-sale with permission for development activities, under the pretext of providing convenience related to future development activities, and received KRW 2 million from B for the duties of public officials under the same pretext, and received bribe equivalent to KRW 22 million in total from B in relation to the duties of public officials.

B. On September 25, 2013, the Defendant: (a) purchased a large number of real estate located in Kimhae-si from Kimhae-si to sell it again after obtaining permission for development activities; (b) received KRW 30 million under the pretext of providing convenience related to future development activities; (c) KRW 10 million from C on June 10, 2014; and (d) received KRW 10 million under the same name from C on October 20, 2014; and (e) received a bribe of KRW 50 million in total from C in relation to public officials’ duties.

2. On September 18, 2012, Defendant B offered KRW 20 million to A who is a public official in charge of permission for development in Kimhae-si, a public official in charge of permission for development in Kimhae-si, under the same name as Party A, and KRW 2 million to Party A on October 2014 under the same name, and offered Party A with a bribe equivalent to KRW 22 million in total with respect to public official’s duties.

3. Defendant C: (a) on September 25, 2013, to a public official who is in charge of permission for development in Kimhae-si at the Kimhae-si around September 25, 2013; (b) KRW 30 million under the same name as paragraph (b); (c) around June 10, 2014 to A; and (d) around October 20, 2014 to A under the same name.

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