2010Gohap1482 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery), politics

Violation of the Funds Act

○○ Kim (00000 - 00000) - Directing (former OO)

OOO 00 - 0OOOO OO

OO 000 00

Wornasium

Law Firm Mountain, Attorneys Lee In-bok et al.

Attorney Noh Byung-hun

April 2012, 201

A defendant shall be punished by imprisonment for five years.

10,000,000 won shall be additionally collected from the defendant.

Criminal History Office

On April 24, 2003, the Defendant was elected to ○○ Special Election, and from that time until June 30, 2010.

○○ A person who served ○○ is a final decision-making authority to permit a person who is dealt with at the o-si.

○○ ○ ○○○○○ 000, and 000 lots of land at ○○ ○○ 00 OO by vessel block manufacturing business chain O

It is the representative director of ○○ corporation (hereinafter referred to as ○○○○).

○○ is a small and medium enterprise with a total of six times from October 16, 200 to May 11, 2006, small and medium enterprises ○○○.

In addition, the application for approval for modification of the business plan was filed, and the application was filed for multiple authorizations and permissions.

At around 2005 to around 2006, the amount of orders issued by OO has greatly increased due to the activation of shipbuilding games.

In order to establish a factory site, green areas according to district unit planning;

the land designated as land for a factory, the use of the land, the conversion of the mountainous district, or the reclamation of public waters;

It was necessary to change a district unit plan from ○○○○○, and similar to the reclamation of public waters.

A large number of persons, such as approval for occupation and use of public waters, approval for modification to a business plan for the establishment of small and medium enterprises, etc.

Although it was necessary to receive money and valuables from ○○○, the Defendant received money and valuables from ○○ in return for such authorization and permission.

In mind, it was thought that it was delivered.

Defendant on May 2006, 2006 ○○○○○ 00 - In the Gu OO’s parking lot near the Gu OO located.

From ○○ to ○○○○○○ Factory Site, the use of the green area as an industrial site shall be changed to ○○○ Factory Site.

on December 5, 2005, allowing the extension of manufacturing facilities, etc. under the Class II district unit planning modification approval and district unit planning modification approval.

2. 21. 21.i.e., approval to revise the fifth business plan for the establishment of small and medium enterprises, and conversion of mountainous districts, and painting, factories;

Approval of new construction on May 11, 2006; approval of changes to the business plan for the establishment of a small and medium enterprise and increase in the factory area.

the approval of the change of use, such as permission to make a large-scale repair of a building on May 12, 2006

A person or permission related to ○○○○, which will be conducted in the future, such as a permit to occupy and use public waters.

‘Along with the intention to continue to do so' shall be delivered KRW 100 million in cash contained in the shopping bags upon request.

By giving and receiving a bribe of KRW 100 million on the duties of ○○○, who is a public official, and politics at the same time.

Political funds have been received in a way that is not prescribed in the Fund Law.

Summary of Evidence

1. The defendant's partial statement in court;

1. Each statement of Kim○○, Kim○-○, Kim○-○, and Lee Hong-○ among the third protocol of trial;

Statement

1. Statement by the prosecution on ○○, ○○, ○○, ○○, and Kim○

1. Alteration of the urban management planning; notification of matters to be decided; submission of a plan for measures to determine the urban management plan;

○○ District Public Waters Reclamation Authorization, Notification of Approval on Change in Business Plan for Small and Medium Enterprise Establishment, and Building Permiter

Notice of change in the port, point of public waters, permit for use, and consultation on the terms and conditions of authorization for completion of reclamation of public waters

one reply (the first reclamation), a copy of the ○○ Driving Note (2005, 2006), a driver’s pocketbook (2005, 2006), by the donor’s ○○

○○○○ (State) Status of Company, organizational status, ○○○○ (State), details of restoration of illegal buildings to its original state, illegal construction

Restoration order, such as voluntary removal of goods, etc., corrective measures against illegal matters related to factory start-up, order of suspension of construction

Orders and corrective measures for corrective measures for illegal construction parts, voluntary removal of illegal buildings, etc., and corrective measures for restoration to their original state;

(2) A plan for the implementation of illegal matters related to the establishment of a factory, such as the promotion of correction of the construction suspension and illegal construction section (2);

Submission, ○○○ Requests for Cooperation in Fostering Illegal Buildings, and Opinions following the imposition of charges for compelling compliance

The imposition of corrective promotions, such as statements, removal of illegally constructed parts, etc. (Third ), ○○○ Enforcement Fines for Illegal Buildings

the submission of a statement of opinion, response to the submission of a statement of opinion, the removal period of an unlawful building

Request for extension, submission of a plan for removal of an illegally extended factory, request for extension of the removal period of an illegal building, illegality

Notice of imposition of enforcement fines on a building, disposition of objection following the imposition of enforcement fines;

Notice, Withdrawal of Objection against Disposition of Imposition of Enforcement Fine, and Disposition of Imposition of Enforcement Fine

Request for legal review following withdrawal of an objection, withdrawal of a charge for compelling compliance, illegal buildings

notice of imposition of enforcement fines, legal review following withdrawal of objection to the imposition of enforcement fines

Notification of the details of replies, e-election information: National Election Commission (National Election Commission) on May 9, 2006, and Yellow ○○ book, guidance, and guidance.

(DAUM guidance), the map drawn up by the Yellow ○○, the approval to revise the business plan, and the current status of the construction permission, and ○○

A statement of cash withdrawal, 5. 31 Local election day table, newspaper articles printed out, on-site photographs, ○○

○ (State) An application for change of a business start-up business plan received from ○○○○ ( December 12, 2005, and April 4, 2006)

(i) Small and Medium Enterprises (i) on October 16, 200; (ii) on January 18, 2001; and (iii) on January 18, 2001; and (iv) on January 16, 200

on June 13, 2001, the second amendment to the business plan for the establishment of a small and medium enterprise;

On September 26, 2001, the third amendment to the business plan for the establishment of small and medium enterprises on September 26, 2001, and the fourth amendment thereto on September 22, 2004.

on December 21, 2005, the fifth amendment to the business plan for the establishment of a small and medium enterprise;

on May 11, 2006, i.e., the 6th program for the establishment of small and medium enterprises, the amendments to the project plan for the establishment of small and medium enterprises, and the planning of large urban management

Approval of change of district unit planning, decision on a macro-urban planning, announcement of topographic drawings, written resolution, and 00 mother district

Class II District Unit Planning Alteration

Application of Statutes

1. Relevant Articles of criminal facts;

Article 2(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 129(1) of the Criminal Act

section 45(1) of the Political Funds Act (the point of giving and receiving the political funds illegally)

1. Competition;

Articles 40 and 50 of the Criminal Act / [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment (Bribery)]

Punishment specified for a crime 】

1. Selection of penalty;

Optional of limited imprisonment

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Inclusion of days of pre-trial detention;

Article 57 (Ruling of Constitutional Court en banc Decision 2007Hun-Ba25 Decided June 25, 2009)

1. Additional collection:

Article 134 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

It is true that the defendant received KRW 100 million from this ○○○, the representative director of the ○○○○○, or the above one.

A billion won is received as an election fund, but does not constitute a bribe for the following reasons.

(a) Expansion of factory sites through reclamation of public waters in cases of civil petitions by OOO at the time of receipt of KRW 100 million;

In addition, the factory building was extended, which is deemed to be in charge of Gyeongnam-do or the Ministry of Land, Transport and Maritime Affairs.

From this point of view, since only a simple administrative process is conducted, ○○○ is being approved.

It is not necessary for the defendant to do so. Also, the revision to the five or the sixth plan for the establishment of a small and medium enterprise.

Approval, permission to change the use of a large-scale repair on May 12, 2006, permission to occupy and use public waters, and permission to occupy and use public waters prescribed by the Act

If the requirements are met, the presentation is naturally subject to approval and permission, so this ○○ school shall teach KRW 100 million.

It is not a matter that can request the administrative process.

B. At the time of delivery of the above KRW 100,000,000 and thereafter, a copy of the business process to the defendant.

The Defendant did not deposit, and after receiving KRW 100 million, ○○ Heavy Industries dispute, etc. with ○ Heavy Industries

The duties of the above KRW 100 million have not been carried out in favor of ○○, and the duties of the Defendant and the ○○○.

There was no perception of the relationship or quid pro quo.

C. At the time of receiving the above KRW 100 million, the Defendant’s duties are due to the registration of preliminary candidates for election.

A person who has been in a state of suspension and was acting for the Deputy Mayor, and during the period, May 11, 2006.

Approval for the change of the sixth business plan for small and medium enterprises establishment, and May 12, 2006;

On the other hand, this ○○ has no reason to deliver KRW 100 million to the defendant within the meaning of the auditor.

D. The above KRW 100,000,000,000, in consideration of the circumstances, time, and place of the Defendant’s receipt of KRW 100,000,

It is paid with money.

E. The ○○○○○, etc., that is to be handled by the Defendant at the time of giving KRW 100 million to the Defendant.

and there was no pending issue to request the defendant to assist during the remaining term of approximately one month.

In addition, since the actual defendant did not provide convenience to ○○○○, 100 million won is about the future work.

be paid in return for assistance in the process or as the market for the defendant

such terms and conditions as may not be deemed to have been effected.

(f) Where a public official with a fixed term position receives money and valuables, the performance of duties for the relevant public official during the remaining term of office;

The sexual nature of the crime of bribery may be deemed to have been infringed on the fairness or to have been purchased.

The defendant who has been under suspension of his/her authority under the circumstances where his/her term of office remains long.

In the case of this case where a person receives money and valuables as election funds during an election campaign, the crime of bribery shall be established.

subsection (1) of this section.

2. Determination

Any profit gained by a public official in the crime of bribery shall be an unreasonable profit-making relationship with his/her duties.

whether a person constitutes a bribe shall be the public official’s duty and content of the official’s duty and the relationship with the provider of the interest;

Details of the receipt of a special relationship between both parties, whether there is a special relationship of relationship of relationship of relationship between them, the difference of interest, and profits;

shall be determined in consideration of all the circumstances, such as the time and time, and the bribery process during which the performance of duties is fair and this shall apply.

In light of the fact that the trust of the society is protected by the law, a public official receives such benefit.

is suspected of being fair in the performance of duties from the general public due to such fact, and is also brain.

The criteria for determining the nature of the physical crime (Supreme Court en banc Decision 98Do3697 delivered on June 15, 2000)

(see, e.g., Supreme Court Decision) Whether money and valuables are given and received under the pretext of political funds, election funds, cash, etc.

(1) is a bribe that it has an entity as a consideration for a political official’s official’s official act.

(Supreme Court en banc Decision 96Do3377 delivered on April 17, 1997)

Supreme Court Decision 97Do2609 delivered on December 26, 1997, and 2005Do6432 delivered on November 10, 2005, et al.

section) The acceptance of bribery is a process of performing duties and based on the trust of society, and is a non-performance of duties.

and the request or unlawful act in connection with the duties is required under the law of the court.

to recognize the acceptance of the bribe of money and valuables not received by it, in particular a violation of a duty or solicitation.

Since there is no need to consider whether or not a bribe has been received in relation to his duties, it is sufficient that the bribe has been received in relation

It is not necessary that there is a quid pro quo relationship with the act of duty or that the act of duty is specified.

See Supreme Court Decision 2010Do1082 Decided April 29, 2010, etc.

Comprehensive consideration of the aforementioned legal principles and the following circumstances acknowledged by the prior evidence

If the defendant received 100 million won from ○○, the defendant received 100 million won in connection with his duties.

Defendant was aware that the above KRW 100 million was a bribe at the time of receipt.

of the corporation.

A. The relationship between 0000 and o's approval/permission from June 2006 to June 2006

As seen below, the Defendant, who was ○○○, was located in the event of his duties.

○ Having authority to authorize or permit the establishment of a factory, expansion of a factory, and operation of a factory under many relevant statutes.

○○○○○ was actually changing the business plan for the establishment of a small and medium enterprise from the Defendant who had been the ○○○○.

A person may construct assembly factories, painting factories, etc. after obtaining approval, approval for modification to Class II district unit planning, etc.

The Act has been amended.

1) The ○○○○ shall obtain on October 16, 2000 the authorization and permission related to the establishment of a factory.

The Support for Small and Medium Enterprise Establishment Act deemed to have been approved en bloc as a business plan for establishment;

(amended by Act No. 7287 of Dec. 31, 2004) pursuant to the simplification system of factory establishment procedures

○○○○○ over four occasions from September 22, 2004 after obtaining the first approval for a business plan for the establishment of a small and medium enterprise;

The approval of the amendment to the business plan for small and medium enterprises has been granted.

2) ○○○○○ is a ○○-si ○○○○-owned plane from December 2, 2004 to March 2005, 2005.

○○○○ 00 and 00 m2,00 m2,000 m2,000 m2,000 m2,000 m2,000 m2,00 m2,00

17. In 158. 40m of 40m and 189m of 1,000 square meters for steel-frame factories, each extension has been made to 1,00m of 1,00,000,000.

Where a unit planning zone of the Gu is extended by 85 or more different from the details of the plan, it shall be pursuant to Article 8 of the Building Act.

2) Permission under the Building Act, and succession under the Industrial Cluster Development and Factory Establishment Act 3

The plan for the establishment of a small and medium enterprise under the Support for Small and Medium Enterprise Establishment Act has not been approved, and

As a site, ○○○○○○○○ 000 - 000 - 0,000 - 0,000 - 000 - Total land of 2,353 square meters, which is a site for such property.

877 square meters were used without permission.

3) The ○○○○ has extended without permission on May 11, 2005 and June 14, 2005 to ○○○○ on June 14, 2005.

Article 69-4 of the Building Act on the ground that a assembly factory building violates Article 8 of the Building Act on the ground that it is an illegal building

D. An order of removal was issued on July 5, 2005, but did not comply with it at ○○○○.

It notified that enforcement fines 4, 497, 000, and 000 won will be imposed.OO on June 22, 2005

○○○ and ○○○○’s demolition of the above factory building, resulting in corporate management difficulties and foundation collapses,

It is possible to cultivate the above illegal buildings within the administrative scope on the grounds that the problem of the abolition of the business is raised.

The request for cooperation was made.

4) ○○○○○ on October 2005, 1000 square meters of steel-frame 5,880 meters of steel-frame 1st, among the buildings of illegally extended factories around October 2005.

The factory of the Dong and the 3th floor of steel framed removed the remainder after 189m of square meters, and the 000 ○○ shall be removed.

Division 1,685, 617, 000 won pursuant to Article 83(1)5 of the Building Act, October 7, 2005, on the ground that there exists a division, pursuant to Article 83(1)5 of the Building Act.

The enforcement fine was imposed on November 11, 2005 by setting the payment deadline.

5) Meanwhile, ○○○○○○’s representative director on July 12, 2005, concerning the above illegal building

Violation of the Building Act, violation of the Industrial Cluster Development and Factory Establishment Act, and violation of the State Property Act.

was detained. The Act was also binding.

6) The ○○○○ on November 29, 2005, extended factory to ○○○ on November 29, 2005, and part of the roads accordingly.

The alteration of the Class-II district unit planning for the ○○ parent district with the content of the alteration and abolition of the green area and the alteration of the land.

An application for approval was filed, and the ○○○○ shall become the deputy head of the second mediation committee, with the deputy head of the committee.

In accordance with the agreement, on December 5, 2005, the training of illegal buildings without completely removing the illegal buildings

The contents of the Class 2 district unit planning were modified.

7) Based on this, ○○○○ on December 21, 2005, 5,200. 99

m. The Industrial Cluster Development and Factory Establishment Act with the content of a square meter of 5, 158m, etc.

Modification of the fifth business plan for small and medium enterprise establishment by legal fiction of approval of factory establishment, permission on diversion of farmland, etc.

The approval is obtained and accordingly the factory of 5,520 square meters is extended on the ground of the instant land on December 22, 2005.

The construction permit was issued with the content that the total floor area is 25,00 square meters, 802, and 485 square meters.

8) ○○○○○ on May 11, 2006, increased the factory site from ○○○○ on May 11, 2006 (the first 89,278 square meters)

In u. 168, 283 square meters, 79, 005 square meters increase), seals, and other business types of disposal business, factory buildings, etc.

Enlargment (the extension of the square meter on 39, 475 to 75, 623 to 64 square meters, 45 square meters on 6, 148), the content of which is extension (the extension of the square meter on 39, 475 square meters);

Approval of factory establishment, permission to divert farmland and permission to convert mountainous districts under the Industrial Cluster Development and Factory Establishment Act.

The approval of the amendment to the sixth business plan for the establishment of a small and medium enterprise has been obtained, and on the basis of the approval, May 2006.

12. A permit to construct a painting plant, etc. has been granted.

19) ○○○○ delivered KRW 100 million on June 29, 2006, ○○○○○○ on June 29, 2006.

○00 - Public waters for the purpose of an inner design of a new vessel for 00 00 - Public waters for the purpose of an inner design operation of a new vessel

The permission for use was obtained.

(b) The background leading up to which the defendant and ○○○ was sent, and the developments leading up to which KRW 100 million was sent.

Around May 23, 2005, 2005, the president of ○○○○ and the actual head of ○○○○○, who is the representative director and the actual head of ○○○○○○.

○○○○, along with ○○○, visited the Defendant and met, and ○○ at the time when the Defendant was at the time.

The request was made to resolve the problem of illegal extension assembly factories at issue;

Accordingly, the Defendant had this ○○○ had a person in charge attend the workplace. Thereafter, the Defendant had a person in charge do so.

○○○ visits ○○○ around October 2005 and around November 2005, to the Defendant, etc. or to the above unlawful evidence.

Along with the removal of a stable assembly plant and the issue of enforcement fines, the Defendant and this were discussed.

○○ appears to have been only in connection with the Defendant’s duties, which was ○○○○.

It does not seem that there was a private friendly relationship.

With respect to the developments leading up to which KRW 100 million has been delivered, this “○○○○○○○○○○ on May 23, 2006”

that person is the defendant while talking about the election while holding a meal.

Mangly, the market has been well doing business in the virtue. Mangn a large number of scarcity companies.

I am for us. I am for the same opportunity that the funds are needed at the time of election in the future.

I would like to help (64 pages) and "the defendant will also receive his or her assistance."

The defendant showed his intention, and the "OOO conference" did not call and call the defendant at the time of the OO conference, so the defendant is not the defendant.

(66 pages of investigation records) The Defendant delivered money, “The shopping bags containing 100 million won in cash,” and “the Defendant.”

At the back of the high-class vehicle, the Defendant promised to leave the vehicle on the back seat, and the Defendant promised to do so.

The Defendant made a statement to the effect that it was “,” and the Defendant also made a statement to the same effect (in the investigation record).

521 - 523 pages)

(c) objective business relationship relationship and consideration;

Comprehensively taking account of the above facts of recognition, ○○○ factory in the city where ○○○ is located.

A large number of relevant Acts and subordinate statutes concerning the establishment, expansion of factories, operation of factories, etc.;

The defendant's approval on the change of the Class II district unit planning on ○○, and the change of the plan for the establishment of small and medium enterprises

A person who is a representative director of ○○○○ and the actual owner of ○○○ after the construction permission, etc. was granted 1

The above money was given and received in connection with the defendant's duties, ○○.

. Also, it is an administrative disposition lawfully made in accordance with the law.

(1) A person who was subject to a heavy charge for compelling compliance and ○○○ has caused criminal punishment to the situation.

The alteration of Class II district unit planning on December 5, 2005 without completely removing an illegally extended assembly factory.

The sixth Small and Medium Enterprise Establishment Project on May 11, 2006

Approval of change of plan, and approval of change of plan on May 12, 2006 on May 12, 2006, it is essential from the viewpoint of ○○○ through the permission

It is permitted to construct previously painting factories, etc.; and 3. In particular, it is required to revise the plan for the establishment of small and medium enterprises;

Approval pursuant to Article 22 of the Support for Small and Medium Enterprise Establishment Act for simple factory construction through the system;

Consultation with ○○○○’s other administrative agencies or consultation with various related departments in the city.

Since the active act of ○○○ is required, the fundamental act of ○○○ obtaining the above approval.

In light of the fact that ○○ has been a co-operation in the city, etc.

It appears that there is a sufficient reason to deliver money for this case or consideration; and

As seen earlier, as seen in the next ○○○○○, the possibility of winning the Defendant was very high.

In light of the fact that the assistance of the defendant is expected, such as authorization and permission, even in the process of future project progress.

In addition, as ○○○○○, it seems that there is a reason to deliver the money.

An enterprise subject to authorization or permission by the defendant who has a wide range of authorization or permission on the ○○ project

An act of receiving a large amount of money of KRW 100 million from the representative from the general public for the performance of duties

It can be said that it is an act that is suspected of fairness. Ultimately, the defendant was delivered from ○○○.

It is reasonable to see that the cost constitutes a bribe in connection with the defendant's duties.

As alleged by the Defendant and his defense counsel, ○○○ prior to the receipt of the instant money and valuables by the Defendant

No person has exercised undue influence in the process of obtaining various kinds of authorization or permission from the Si.

On August 27, 2007, 2007, after the receipt of the money and valuables in this case, the Korea Agricultural Specialized Corporation for ○○ Industries

○○○○○’s project rather than an approval of the execution plan on the creation of the land; rather, the same applies

○○○’s civil petition filing on the part of the ○○○ side, which may have been subject to any other administrative disposition.

Even if there is no preferential interest rate with respect to ○○○, such as not giving or receiving, the bribe of money or valuables received.

of this case, there is no need to consider the existence of a breach of duty or solicitation. Thus, the above does not constitute a violation of duty.

The above facts alone do not change that the above KRW 100 million is a bribe received in connection with the duties.

c.

(d) Intention on business relationship and the value thereof;

At the time of receiving KRW 100 million, the defendant thought only as election funds, and called a bribe in relation to duties.

○○ argues that it was not known that it was not known, and this Court stated in the Prosecutor’s Office and in this Court “money to the Defendant.”

It is not a consideration for authorization or permission, but rather a consideration for election fund (in the investigation record).

76, 77 pages), “○○ Standing Director,” was an election iron to himself, and the market N.N. had been recorded in our company.

It is not necessary to keep the election funds more needed. It is "It is good to help this opportunity."

(4) The 100 million won was delivered to the defendant (1,2 pages) and the 'self-fact' was about 100 million won.

For this reason, no money may be paid, but it may be known that the authorization or permission has been officially granted, but the president may be a party.

It is the same that there is a need for money to be held in one week and after the lapse of the election (4th trial records).

A statement was made to the effect that it corresponds to the above argument of the defendant.

(1) However, the Defendant constructed an extension of ○○○○○ without permission from May 13, 2005.

Charges for compelling compliance related to water and violation of the Industrial Cluster Development and Factory Establishment Act

(2) Class II district unit on December 5, 2005

In the case of approval for modification of a plan, the application for approval for modification of the Class II district unit planning for the ○○ parent zone.

The defendant written his/her signature in the civil petition draft approval column, and the internal draft of the above approval on the amendment.

In the case of approval for the modification of the fifth plan for the establishment of a small and medium enterprise on December 21, 2005, the signature was written.

The defendant written his/her signature in the civil petition draft approval column among the applications for approval for the change of the business plan under the premise;

Along with the fact that a signature was written on the internal draft of the above approval of change, the ○○○ is within the o-si.

○ Heavy Industries, ○○○○○○, and the fact that the third largest companies are larger, ⑤ the said Class II district.

Illegal expansion buildings prior to approval for modification of unit plans and approval for modification of the fifth plan for small and medium enterprise establishment;

In relation to this, the fact that ○○ had tried to find a defendant and appeal for difficulties; 6 The defendant

In 2006, 006, ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○ ○○ ○

1. From around 100 to 200, the Defendant complaining of difficulties arising in relation to the ○○○○’s issue of authorization and permission.

(7) At any time, OOO in relation to the authorization and permission of OOO;

in this section, the public officials in charge of the permission and the city and the shipbuilding industry support division are present, and the defendant also

on May 23, 2006, the fact that ○○ was aware of the fact that she was aware of the fact that she was giving KRW 100 million to the defendant.

In the meantime, the market has been well doing business in the virtue of a lot of features. There are many scarcitys.

(9) As seen later, the defendant from ○○, as the defendant did so.

At the time of giving and receiving KRW 100 million, the possibility of winning ○○○○○○ by the defendant was very high.

F. In this regard, ○○ is going to be in the future by having the Defendant read the relationship with the prosecutor in the prosecution.

○○○, ○○, ○○, and ○-related business progress, which is much from the Defendant, ○○○○.

“(76 pages of the investigation record)” was stated as “(76 pages of the investigation record)” and between ○○ and the Defendant.

○○○, acting as an agent in the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea

○○○○ in the event that the candidate for the history has been posted during the election period after having been affixed with an eye while in the election period.

The facts stated as "(274 pages of investigation records)" because it was judged that the relationship with ○ is good.

In full view of the above facts, the defendant and the Lee ○-○ are related to the defendant's duties and are therefore related to the defendant's duties.

Cases of various kinds of authorization and permission obtained by ○○, and project promotion, such as future authorization and permission by ○○○.

It is reasonable to see that there was a recognition of the circumstances of receiving the help in return for it.

(e) Relationship with political funds;

When the defendant receives KRW 100,000,000, it was the time before the election of the head of local government.

J. ○○ also stated to the effect that the election funds are equivalent to those in the prosecution and in this court;

It shall be deemed that the above KRW 100 million is an illegal political fund or election fund not included in the nature of a bribe.

There is room that there is room.

However, even if money or valuables are given or received under the pretext of political funds, election funds, or money, etc.:

of a political official’s duty as a bribe in so far as it has an entity as a consideration for a political official’s

shall not be lost, and the status and authority of the other party, and the donator and the other party shall not be lost.

Money and other valuables in question together with the previous educational system, the existence or absence of contributions, the other party, amount, frequency of contributions, etc.

in light of the amount, motive and circumstances leading to the contribution, the overall political activity of a politician

specific positions of a public official, not of the nature of support for the public official, but of a particular position

(1) an act in favor of the provider in connection with such act is expected, or is a case

as such, a bribe which has the substance of as a consideration for a political official’s official act

the court below's finding that the defendant was guilty (see Supreme Court Decision 2006Do8568 delivered on June 12, 2008, etc.)

as seen above, a public official’s act and conduct of duties as ○○○○ by the defendant who was a political party.

In the process of the project of ○○○ in the future, acts favorable to ○○○, such as authorization and permission, etc., shall be committed.

approval, permission, etc. granted to the OO until the time of delivery or receipt of KRW 100 million;

As a precedent, the above KRW 100 million can be deemed to have been received, so the above KRW 100 million shall be deemed to have been received by the defendant ○○○○○.

It seems that the entity still has the substance of the consideration for the duty as a member of the Commission, and any consideration therefor.

It is judged that there is only a simple nature of political funds or election funds without any relationship.

(2).

(f) Receipt and business relationship during the period of suspension of duties;

The defendant is a preliminary candidate for an election of the head of a local government, as the defendant and defense counsel claims.

The duties of the defendant shall be suspended from March 31, 2006 to May 31, 2006, which was registered on March 31, 2006.

(B) Between April 24, 2006, and April 30, 2006, the preliminary candidate registration is made for the preparation of the Gyeongnam-do Civil Code.

was temporarily returned to work, and the deputy head was acting on his/her behalf, and during the period;

May 11, 2006, the approval of the amendment to the business plan for the establishment of small and medium enterprises was made on May 11, 2006, and May 12, 2006

The fact that the building permit was granted, and according to the delegation agreement of the city at the time of 2006, the small and medium enterprise was established.

In the case of approval for the revision of the business plan, it is the deputy head, and May 11, 2006, and the sixth small and medium enterprise establishment.

The approval of civil petition sight on the application for the approval of the modification of the business plan, which is the premise for the approval of the modification;

The deputy head of the defendant, not the defendant, was replaced by the deputy head of the court, and the vice head of the public office for the approval of the above change.

The associated facts are recognized.

However, the "Duties" in the crime of bribery as well as the duties prescribed in the laws and regulations.

duties in the past, or duties in the future, as well as duties in the future;

duties not in charge of such duties, such as duties belonging to the general legal authority, by a public official;

In accordance with the position, all official duties are included (Supreme Court Decision 2003 June 13, 2003).

High Court Decision 2003Do1060 decided Feb. 1, 2003)

Even if his official authority was suspended temporarily, the position of ○○○○ is the public official.

There was no change in the establishment of a small and medium enterprise. On the other hand, the deputy head was an authorized agent, and the small and medium enterprise establishment business.

The Act and subordinate statutes, even if the approval for modification of the plan and the construction permission were the deputy head of the delegation agreement.

(1) 100 million won as the defendant's general duties and authority are applicable to the duties of the defendant.

No number of the defendants cannot be considered irrelevant to their duties as ○○○○○○.

(g) The remaining term of office and business relationship;

When the defendant delivered KRW 100 million from ○○○ as alleged by the defendant and his defense counsel;

The remaining term of office of a senior person remains only one month, and this ○○ is for the remaining term of office of the defendant.

It seems that there was no pending issue that was scheduled to request the ○○○, etc.

However, as seen earlier, KRW 100 million received by the Defendant ○○ around that time.

It has the meaning of consideration for various kinds of persons, permits, etc. received from macroscopies.

(1) In addition, in the course of operating ○○○○, various authorizations and permissions from macroscopics.

in the light of the preceding precedents, the person may have been sufficiently anticipated, and 2.0

May 23, 2006 for the candidates ○○○○○ candidates. As a result of the Gannam Newspapers’s public opinion poll, the Defendant was first on the part of the Defendant.

25. 6% of the 6% of the 8.6% of the 8.6% of the 8.6% of the 2nd change candidate

Since ○○ was highly capable, it is deemed that ○○ could have sufficiently predicted the election of the defendant.

In light of the fact that it appears, the above KRW 100 million is up to the time when the defendant received KRW 100 million.

In addition, duties during the remaining term of office and the defendant is elected as ○○○○○, and is a new market.

money and valuables of the defendant shall be deemed to be a bribe with comprehensive consideration for duties after his/her office was appointed.

There is a special reason to determine business relationship only with the remaining term of office at the time of receipt.

It does not seem that it is not visible.

Reasons for sentencing

1. The range of applicable sentences: From five years to not more than seven years;

2. Application of the sentencing criteria: None of them; and

In the sentencing criteria, the method of dealing with the ordinary concurrent crimes is not presented.

3. Determination of sentence;

Defendant’s ○○○○, who is a public official elected by local government, and whose rank is more than anyone’s public salary.

- A large number of persons from the presentation although he/she has a duty to maintain integrity at all times;

public official who received a bribe from the representative of the enterprise at which he received the bribe and

The probability of transparency of political funds by causing the mine to be damaged and receiving large amounts of voice political funds at the same time.

By doing so, the purpose of legislation of the Political Funds Act was to prevent the illegality of political funds.

Since the amount received is a large amount of money to KRW 100 million, a severe sentence is inevitable to the defendant.

However, even though the defendant accepted a bribe in connection with his/her duties, he/she did not act in his/her capacity.

The facts of receiving money for the crime of this case do not seem to have been committed from the beginning of the investigation.

Recognizing that there is misunderstanding, not only three times of a fine, but also there is no other criminal conviction, ○○○.

The fact that he/she has contributed to the development of the Si for about seven years while in office, and other age, gender and age of the defendant.

The sentence as ordered shall be determined by taking into account the various sentencing conditions shown in the instant case, such as the conduct and environment.

Justices Kim Jin-jin

Judges Kim Gin-soo

Judges Kim Gin-tae

1) Article 21 (Approval of Business Plan) (1) A business starters shall prepare a business plan as prescribed by the Presidential Decree, and the head of the Si/Gun/Gu shall do so.

(limited to the head of an autonomous Gu; hereinafter the same shall apply) may carry on a project with approval.

(2) In granting approval of a business plan under paragraph (1), the head of a Si/Gun/Gu shall develop the industrial cluster and develop the building area of the relevant factory.

It shall conform to the standard factory area ratio prescribed by Article 8 of the Factory Establishment Act.

(3) The head of a Si/Gun/Gu shall notify whether approval is granted within 30 days from the date on which an application for approval of a business plan is filed under paragraph (1).

(c)in such cases, it shall be deemed that the authorization has not been given within 30 days on the day following the expiration of 30-day period.

(4) The Administrator of the Small and Medium Business Administration shall deal with affairs concerning the approval of project plans under paragraph (1) in order to ensure the extinguishing of procedures for starting business.

The guidelines may be drawn up and announced.

Article 22 (Relation with Other Acts) (1) In granting approval of a business plan pursuant to the provisions of Article 21 (1), the following permissions and licenses shall be granted:

The provisions of paragraph (4) shall apply to the designation, decision, report, cancellation, or abolition of use (hereafter referred to as "permission, etc." in this Article) by the head of a Si/Gun/Gu.

matters consulted with the head of another administrative agency under this Act shall be deemed to have been permitted.

1. Approval for establishing factories, etc. under Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act;

2. Permission to cut trees under Article 14 of the Work against Land Erosion or Collapse Act and cancellation of the designation of an erosion control area under Article 20 of the same Act;

3. Permission for occupation and use of public waters under Article 5 of the Public Waters Management Act, and authorization for or report on an implementation plan under Article 8 of the same Act;

4. License for reclaiming public waters under Article 9 of the Public Waters Reclamation Act;

5. Permission for river work under Article 30 of the River Act, and permission for occupation of a river under Article 33 of the same Act;

6. Permission for and report on the diversion of mountainous districts under Articles 14 and 15 of the Management of Mountainous Districts Act, and cutting of standing trees under Article 90 (1) of the Forestry Act

Permission, Reporting

7. Permission for opening a private road under Article 4 of the Private Road Act;

8. Permission to alter the form and quality of land or to divide land under Article 46 of the Urban Planning Act, and designation of an executor under Article 59 (5) of the same Act;

Authorization for implementation plan under Article 61 (2) of the same Act

9. Modification of a plan for utilization of the national territory under Article 8 of the Act on the Utilization and Management of the National Territory, and permission for land transaction contract under Article 21-3 of

10. Permission on diversion of farmland under Article 36 of the Farmland Act;

11. Permission or report on grassland conversion referred to in Article 23 of the Grassland Act;

12. Deleted;

13. Permission to use and make profits from state-owned property under Article 24 of the State Property Act, and the use of roads, rivers, ditches and banks under Article 30 of the same Act;

Closure

14. Permission for occupying and using roads under Article 40 (1) of the Road Act;

(2) In granting a construction permit under Article 8 of the Building Act to a factory for which a business plan has been approved under Article 21 (1).

The head of the relevant Si/Gun/Gu shall grant permission, authorization, approval, consent, or report (hereafter referred to as "approval, etc." in this Article) falling under any of the following subparagraphs:

With respect to matters for which consultation has been held with the head of other administrative agency under paragraph (1), such approval shall be deemed to have been obtained.

March 25, 2002, May 29, 2003

1. Permission for occupying and using roads under Article 40 (1) of the Road Act;

2. Permission to occupy and use under Article 20 of the Sewerage Act and report on the installation of drainage facilities under Article 24 (2) of the same Act;

3. Report on installation of the treatment facilities of sewage or separate septic tanks under Articles 9 (2) and 10 (2) of the Act on the Disposal of Sewage, Excreta and Livestock Wastewater;

4. Consent to a construction permit under Article 7 (1) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act and Article 13 (1) of the Fire-Fighting System Installation Business Act

A report on fire-fighting system installation and permission to build a factory, etc. under Article 6 (1) of the Safety Control of Dangerous Substances Act.

5. Article 10 of the Clean Air Conservation Act, Article 10 of the Water Quality Conservation Act, Article 9 of the Noise and Vibration Control Act, and Article 24-2 of the Treatment of Sewage, Excreta and Livestock Wastewater Act;

Permission or report on the installation of emission facilities as prescribed by the provisions of paragraph (1)

6. Approval or report on installation of waste disposal facilities as prescribed in Article 30 (2) of the Wastes Control Act;

7. Authorization for the installation of exclusive waterworks under Articles 36 and 38 of the Water Supply and Waterworks Installation Act;

8. Authorization or report on a work plan for private-use electric installations under Article 62 of the Electric Utility Act;

9. Permission to install simple powder repositories pursuant to the provisions of Article 25 (1) of the Control of Firearms, Swords, Explosives, etc. Act;

10. Permission for or report on construction of temporary structures under Article 15 of the Building Act and report on the construction of installations under Article 72 of the same Act;

11. Permission to construct buildings and to set up installations under Article 46 (1) of the Urban Planning Act, and permission to set up urban infrastructure under subparagraph 6 of Article 3 of the same Act;

Designation of an executor as referred to in Article 59 (5) of the Act and authorization of an execution plan as referred to in Article 61 (2) of the Act.

12. Report on installation of facilities inducing specific soil contamination under Article 11 of the Soil Environment Conservation Act;

13. Permission to install liquefied petroleum gas storage facilities under Article 5 (1) of the Safety Control and Business of Liquefied Petroleum Gas Act;

14. Permission to install high-pressure gas storage facilities referred to in Article 4 (3) of the High-Pressure Gas Safety Control Act;

(3) For factories whose business plan has been approved under Article 21 (1), approval for use of structures under Article 18 of the Building Act shall be granted.

Paragraph (4) shall apply to inspections or reports (hereafter referred to as "inspection" in this Article) falling under any of the following subparagraphs by the head of the relevant Si/Gun/Gu:

Matters for which consultation has been held with the head of other administrative agency under the provisions of this Act shall be deemed to have undergone the relevant inspection, etc.

1. Inspection on the completion of construction under Article 12 of the Act on the Disposal of Sewage, Excreta and Livestock Wastewater;

2. Completion inspection of a fire-fighting system installation business under Article 14 of the Fire-Fighting System Installation Business Act and completion of factories, etc. under Article 9 of the Safety Control of

Official Inspection

3. Report on the commencement of waste disposal facilities as prescribed in Article 30 (4) of the Wastes Control Act;

4. Report on the commencement of operation of discharge facilities, etc. under Article 14 of the Water Quality Conservation Act and Article 13 of the Noise and Vibration Control Act;

5. Deleted ( January 29, 2004).

6. Final inspection under Article 43 of the Control of Firearms, Swords, Explosives, etc. Act;

(4) The head of a Si/Gun/Gu shall approve a business plan under Article 21 or become subject to the provisions of Articles 8 (1) and 18 (1) of the Building Act.

(1) In granting a building permit and approval for use, matters falling under paragraphs (1) through (3) of the contents thereof shall belong to the authority of another administrative agency.

shall consult with the head of the administrative agency, and the head of the administrative agency requested for consultation shall present his opinion within the period prescribed by Presidential Decree.

In this case, if the head of other administrative agency fails to present his opinion within the period concerned, he shall be deemed to have no opinion.

2) Building Act (amended by Act No. 7696 of Nov. 8, 2005)

Article 8 (Building Permission) (1) A person who intends to construct or make a large-scale repair falling under any of the following subparagraphs shall obtain permission from the head of a Si/Gun/Gu:

(c) Special cases where buildings, etc. of 21 stories or more, the use and size of which are prescribed by Presidential Decree, are to be constructed in the Special Metropolitan City or Metropolitan Cities;

The permission of a separate market or a Metropolitan City Mayor shall be obtained.

1. Construction or substantial repair of the buildings within the urban area and the Class-II district unit planning zone designated under the National Land Planning and Utilization Act;

person who did so;

2. A person who desires to construct or repair a building on a large scale in a zone as prescribed by the Presidential Decree;

3. A building with a total floor area of not less than 200 square meters or not less than 3 stories in an area or zone other than the area or zone referred to in subparagraphs 1 and 2.

As a result of such extension, a building which has a total floor area of not less than 200 square meters or which has not less than 3 stories shall be included) is constructed or substituted by another building.

person to be repaired

(6) Where a building permit is granted under paragraph (1), permission, etc. or report under the following subparagraphs shall be deemed to have been obtained or made, and in the case of a factory

under the provisions of Articles 13-2 and 14 of the Industrial Cluster Development and Factory Establishment Act;

shall be deemed to have been made.

1. Reporting on the construction of a temporary building for construction works under Article 15 (2);

2. Permission for or report on construction of the structures as provided in Article 72;

3. Permission for development acts under Article 56 of the National Land Planning and Utilization Act;

4. Designation of the executor under Article 86 (5) of the National Land Planning and Utilization Act, and implementation plan under Article 88 (2) of the same Act; and

Authorization

5. Permission for and report on the diversion of a mountainous district under Articles 14 and 15 of the Management of Mountainous Districts Act (limited to the case of an urban planning zone);

6. Permission on opening a private road under Article 4 of the Private Road Act;

7. Permission or consultation on the diversion of farmland under Article 36 (1) of the Farmland Act;

8. Permission for occupying and using roads under Article 40 of the Road Act;

9. Permission for the installation of buildings and structures in a clearance zone as provided in Article 50 (5) of the Road Act;

10. Permission to occupy and use rivers under Article 33 of the River Act;

11. Report on the installation of drainage facilities under Article 24 of the Sewerage Act;

12. The installation of sewage treatment facilities and separate septic tanks under the provisions of Articles 9 (2) and 10 (2) of the Act on the Disposal of Sewage, Excreta and Livestock Wastewater;

Declaration of Default

13. Supply of waterworks as prescribed by the Municipal Ordinance as prescribed by the local government concerned in a case where the waterworks business operator is the local government under Article 23 of the Water Supply

Application

(7) Where matters falling under any subparagraph of paragraph (6) belong to the authority of other administrative agencies, the permitting authority shall consult in advance with the head of the administrative agency concerned

and the head of the agency concerned who has received a request for consultation shall present his opinion within 15 days after receipt of such request. In this case, the relevant administrative agent shall present his opinion

The head of the library shall not refuse consultation on the grounds other than the processing standards referred to in paragraph (9).

3) Article 13 of the Industrial Cluster Development and Factory Establishment Act (amended by Act No. 8603 of August 3, 2007) (1) Factory construction

A person who intends to newly establish or extend a factory, the stable area of which is not less than 500 square meters, or change the type of business of a factory (hereinafter referred to as "establishment, etc. of a factory") shall be prescribed

The same shall apply where approval from the head of the Si/Gun/Gu is obtained as prescribed by the Ordinance of the Ministry of the Gu, and the same shall apply where he/she intends to modify

Provided, That if he/she intends to change minor matters among approved matters as determined by the Ordinance of the Ministry of Commerce, Industry and Energy, he/she shall report to the

§ 30,000 revised on December 30, 202)

(2) In a case falling under any of the following subparagraphs, approval for establishment, etc. of a factory under paragraph (1) shall be deemed to have been obtained:

1. Where approval is obtained under Article 20 (2);

2. Where an occupation contract and an alteration contract provided for in the main sentence of Article 38 (1) and (2) are concluded;

3. Where he obtains the license, etc. for the establishment of a factory under other Acts as prescribed by the Presidential Decree.

4) Article 69 of the Building Act (amended by Act No. 7696 of Nov. 8, 2005) (1) A permitting authority shall take measures, etc. against a non-violationed building.

In the event that livestock products violate this Act, or any order or disposition issued or taken under this Act, the permission or approval granted or granted under this Act shall be revoked.

(b) With respect to the owner, construction executor, on-site manager, manager, or occupant of the building (hereinafter referred to as "project owner, etc.") during the construction works.

order the removal, reconstruction, extension, alteration of use for repair, restriction on use, and other necessary measures of the building for a reasonable period of time;

of this title.

5) Article 83 (Non-performance Penalties) (1) of the Building Act (amended by Act No. 7696 of Nov. 8, 2005) (1) The permitting authority shall do so pursuant to Article 69 (1).

With respect to the owner, etc. who fails to fulfill the corrective order within the period of correction after receiving the corrective order, necessary for carrying out the corrective order.

The following charges for compelling performance shall be imposed, if a corrective order is not complied with within a reasonable period for payment fixed:

Only, and residential buildings of which total floor area is not more than 85 square meters and residential buildings of subparagraph 2 as prescribed by the Presidential Decree, the following subparagraphs:

The amount prescribed by the Municipal Ordinance of the local government concerned shall be imposed within the limit of one half of the amount corresponding to one half.

January 28, 2000

6) Article 5 (Permit for Occupation and Use) (1) of the Public Waters Management Act (amended by Act No. 8819 of Dec. 27, 2007) (1) An act falling under any of the following subparagraphs

A person who intends to do so shall be from the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu (hereinafter referred to as the "management agency") as prescribed by Presidential Decree.

A permit for occupancy or use (hereinafter referred to as "use or use") shall be obtained: Provided, That the license shall be granted to a person who has obtained a license under the Public Waters Reclamation Act.

He/she intends to occupy and use public waters he/she has received. This shall not apply in cases where he/she intends to occupy and use such public waters.