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(영문) 부산지방법원 2016.12.16 2016고합647
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

After establishing a stock company E (hereinafter “E”) under the name of the representative director of an architect D around February 2, 2010 to April 2, 2010, the Defendant was a person who operated an unqualified architect business under the name of the architect (hereinafter “E”) without business instruction and supervision from D, without being subject to business instruction and supervision from D.

The Defendant, while running a non-qualified building business as above, has formed a flexible relationship by providing daily entertainment and other convenience to public officials in the occupational category of construction or public officials in the competent department in Pyeongtaek-si Busan. Based on the relationship with the public officials in charge, the Defendant has made a large amount of sales and revenue compared to the size of the office in various abnormal business methods.

【Criminal Facts】

1. Around February 2015, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “F”) entered into a contract with the owner and executor of the building of the G new apartment building in Busan-gu Busan-do (hereinafter “G new apartment construction”) for the form of a service contract that separately removes only the so-called “intersection” business against the public officials in charge of the construction permit in Busan-do area from subcontracting, and then entrusts the Defendant with the affairs of arranging the authorization and permission.

Accordingly, the Defendant received the F’s request from the public officials in charge of the overall construction authorization permission for newG construction to obtain construction authorization on terms and conditions that are promptly favorable to the public officials in charge. On May 11, 2015, the Defendant entered into a service contract with F under the name of E in the name of E, with the price of KRW 150,000,000 (excluding value-added tax) under the pretext of receiving construction authorization services from F.

In addition, the defendant shall receive a building permit under the jurisdiction of the Busan Metropolitan Government Office, and the viewing building committee supervised by the Busan Metropolitan Government Building Committee.

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