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(영문) 서울동부지방법원 2013.07.05 2012고합570
특정범죄가중처벌등에관한법률위반(뇌물)
Text

Defendants are not guilty.

Reasons

[Fact of Innocence]

1. From May 10, 2003, Defendant A was in office as the president of the F apartment reconstruction and improvement business cooperative (hereinafter “the instant cooperative”) from around around May 10, 2003, and was in general in charge of the business affairs of the association, such as the selection of the contractor, and Defendant B was deemed a public official under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Defendant B was sentenced on September 13, 2012 by the Seoul Western District Court for a period of one year of suspension of execution due to the offering of bribe at the Seoul Western District for the crime of offering bribe at the Seoul Western District Court, and the above sentence became final and conclusive, and was the representative director of G Co., Ltd. (hereinafter “G”) who was the trading company and the removal company of Samsung C&T as the contractor of the instant cooperative.

2. The instant association, after the progress of the project of the F Apartment Reconstruction Project Association, has been approved on December 16, 200 and completed the registration of incorporation on July 25, 2003, and the completion of the construction work on February 6, 2004 and commenced the completion approval and occupancy on December 28, 2006, but it is still still under the state that the liquidation procedures for the current association have not been implemented due to the unsold sale in lots of commercial buildings.

3. The violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) around 2002, Defendant A et al. established an emergency response committee with respect to the instant union, which was against the construction of Samsung C et al., the said union and the construction of Samsung C & LG, which were the subsidiaries of the said union, and the head of the association at the time, and the members of the emergency response committee were apprehended to report the management and activities of the said emergency response committee on the situation of the operation of the emergency response committee. Upon receiving a request from Samsung C & C, the Defendant A was selected as the head of the association around May 2003, and Defendant A was selected as the head of the association, Defendant A subsidized expenses incurred in the operation of the said emergency response committee, etc.

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