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A defendant shall be punished by imprisonment for two years.
230,000,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
The Defendant is an architect who operates C (hereinafter referred to as “C”) and D (hereinafter referred to as “D”) as a corporation.
[2012 Highest 1645]
1. Around May 23, 2008, the Defendant: (a) requested from G, an adviser of F Co., Ltd. (hereinafter “F”) who wishes to obtain authorization or permission for a new business of constructing residential welfare facilities for older persons on the land outside the Dong-gu, Seongbuk-gu, Sungnam-si; (b) “I may obtain authorization or permission through the Urban Planning Committee”; (c) referred to as “I may pass through the Committee because I know all members of the Urban Planning Committee of Sungnam-si and have knowledge of it and are friendly with the Si Council members,” and (d) agreed with G to receive one billion won on the condition of obtaining authorization or permission for the new business of constructing residential welfare facilities for older persons; and (d) received money or other valuables from HC of Sungnam-si, Sungnam-si, and from G to the effect that “I shall make a prior promise to pay to Si Council members, etc.” on May 28, 2008; and (d) received money or other valuables from G to the said public officials as one billion won for the same duties.
2. Around December 29, 2008, the Defendant stated in C, “A city in Sungnam may not grant only one permission for residential welfare facilities at the time of Sungnam-si to G.” The other company has a strict cost to construct residential welfare facilities for the aged at the time of Sungnam-si, Sungnam-si I. We also have the amount of the past contract in order to ensure that the housing welfare facilities for the aged are built at the time. We will not pay 130 million won to the Si Council members, etc. who are members of the Urban Planning Committee after approval for the project.” After obtaining authorization for the new housing welfare facilities for the aged.