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(영문) 수원지방법원 2017.09.26 2016고합477 (1)
변호사법위반등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative director of the Company BA, which is a specialized construction company of the Earth Corporation, and at the time of around November 2014, the Defendant was the head of the H Corporation at the time from A.

B with the introduction of B, it had been tried to give a bribe to B for the purpose of ordering the construction work ordered by LH construction through the defective B.

Accordingly, on November 23, 2014, the Defendant, along with the Director BB at around B, A, and BA’s site, was running golf in the BC golf course located in the racing city. On the other hand, the Defendant was running a meal at a regular restaurant “BE” located in PD at the racing-si, and was running the meal at B.

A The President of the National Assembly of the Republic of Korea shall be in accordance with the spirit of the President of the Republic of Korea, and a large number of guidelines;

this money shall be the value of the oil or the value of the oil.

“ 500,000 won was delivered in cash at the same time.”

B listening to the horses that change from the Defendant to help the construction company operated by the Defendant, “AT construction site exists, and there are many other construction sites, and when the inside is in the present situation, B said that “I are able to knife and knife together with the president of A.”

Accordingly, the defendant accepted a bribe in relation to the duties of a person who is deemed a public official.

2. Comprehensively taking account of the following circumstances acknowledged by the record of judgment, the evidence presented by the prosecutor alone was proven without reasonable doubt that the Defendant delivered KRW 500,000 to the head of LH Corporation’s duties.

It is insufficient to view it, and there is no other evidence to prove it.

① AT project (hereinafter “instant project”) is not a project ordered by LH construction, but a project implemented individually by AT corporation, which is operated by AU, purchasing the instant project site from LH construction.

Therefore, the selection of subcontractors related to the instant project is irrelevant to the duties of the head of LH Corporation.

② Under this law, the Defendant is only a seller of the instant project site, but is not an executor or a place of order.

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