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A defendant shall be punished by imprisonment for two years.
300,000,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Reasons
Punishment of the crime
The Defendant, from March 2010 to February 2013, as the site warden of the J Co., Ltd. (hereinafter “J”) (hereinafter “J”), a contracting officer of the International Corporation located in Mapo-gu Seoul Metropolitan Government H (hereinafter “instant Corporation”), was in charge of the management and supervision of subcontractors, and supervised whether the instant construction works have been executed as designed through management and periodic on-site inspections so that subcontracted construction companies can properly progress.
In the process of carrying out the instant construction, the Defendant demanded, at the construction site of this case, K Co., Ltd. (hereinafter “K”), a subcontractor company, to raise funds for personal use, and demand K’s electrical employees L at the construction site of this case to create a balance between the construction cost and the construction cost by modifying the design while performing construction works.
Accordingly, on July 2010, the Defendant received cash payments of KRW 50 million from around 2012 to September 21, 2012, together with an illegal solicitation to the effect that “any convenience related to the field supervision, such as inspection of construction works performed by K among the instant construction works, is offered and assistance is given so that it can be awarded a subcontract for construction works performed by J in the future” at the J site office located on the seventh floor of Yeongdeungpo-gu Seoul Metropolitan Government M building. Moreover, the Defendant received KRW 300 million in total on six occasions, such as the list of crimes, from around that time to September 21, 2012.
As a result, the Defendant, who is in charge of the instant construction work contracted by J, acquired property from L in return for an illegal solicitation in relation to his/her duties.
Where a contractor who violates the Framework Act on the Construction Industry intends to subcontract construction works corresponding to specialized construction works among construction works he/she has contracted, he/she shall file for registration of the business category of performing the relevant specialized construction works.