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(영문) 서울고등법원 2018.10.17 2018노1676
특정범죄가중처벌등에관한법률위반(알선수재)
Text

All prosecutor's appeal against the Defendants is dismissed.

Reasons

1. No person who outlines the facts charged shall request, demand or promise money and valuables or benefits concerning the good offices of matters pertaining to the duties of public officials;

A. On November 2012, Defendant A agreed to receive brokerage fees at a certain rate depending on the amount of construction contract, if the construction works are ordered by arranging that the construction contract, etc. ordered by an I and a local government is ordered.

On November 2012, the Defendant: (a) requested that K Co., Ltd. (hereinafter “K”) receive an order for the said construction from the Si/Gu office in Suwon-si and the Road Maintenance Team for construction of the Si/Gu office in Suwon-si; and (b) requested that K Co., Ltd. (hereinafter “K”) receive an order for the said construction; and (c) arranged that K would receive an order for the said construction in KRW 293,583,30 on November 22, 2012; and (d) received KRW 45,895,549 from K under the pretext of brokerage fees around May 6, 2013.

As a result, the defendant received 45,895,549 won as to the referral of matters belonging to public officials' duties.

B. On April 2013, Defendant B agreed to receive brokerage fees at a certain rate depending on the amount of construction contract awarded if the construction works are ordered by arranging the contract for construction, etc. ordered by I and local governments.

On April 26, 2013, the Defendant ordered the “L” purchase contract at the Industrial Support Center for Ansan-si and the infrastructure team, and solicited the public official in charge of issuing orders to reflect the K products in the design at the time of the construction site, and arranged to receive the said construction work from K to 25,35,170 won on April 24, 2013, and received KRW 4,546,741 as an intermediary fee from K around August 26, 2013 and received KRW 40,929,485 won in total from August 26, 2013 to June 24, 2016.

In this respect, the defendant is a public official.

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