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(영문) 창원지방법원 2015.07.02 2015고합13
특정범죄가중처벌등에관한법률위반(뇌물)
Text

[Defendant A] Imprisonment with prison labor and fine of KRW 50,000,000 shall be imposed.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

"2015 Gohap13"

1. On October 2008, Defendant A’s illegal disposal of bribery was elected as the president of the International Reconstruction Association (hereinafter “the instant reconstruction association”) which promoted the I-U.S. redevelopment project (hereinafter “the instant reconstruction project”) located in Seongbuk-gu at Changwon-si, and thereafter, Defendant A was performing the duties of the president of the association until recently, and Posco Construction Co., Ltd. (hereinafter “Posco Construction”) is the commencement project of the instant reconstruction project.

The Scco Construction sought to enter into a contract with the “J”, which is one of its collaborative entities with respect to the removal of buildings, but the Defendant demanded from June 2013 to August 2013 that K, who had a relationship with it, was a business director (hereinafter “L”) so that K, which was a business director, can carry out removal services.

From November 13, 2013, Spanco Construction concluded a contract to allocate the right to remove services to J 51% and L49% for the smooth progress of the instant reconstruction project.

On March 28, 2014, the Defendant stated to the effect that L was ordered to remove the reconstruction project of this case by means of force of L’s representative director and business directors in the non-affiliated shop located in Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si around June 28, 2014. In response, the Defendant stated to the effect that L was ordered to remove the reconstruction project of this case.

Accordingly, the defendant, who is in the position of the president of the reconstruction association who is regarded as a public official, required a bribe after engaging in an unlawful act in relation to the duties of the president

"2015 Gohap135"

2. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) is the president of the reconstruction association of this case, represent the association, administer the affairs of the association, and preside over the general meeting, the board of representatives, and the board of directors.

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