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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
A is a person who, from July 2002 to March 20, 2006, served as a 6th Gyeonggi-do Council member, from July 2010 to January 2012 as a 8th Gyeonggi-do Council member, and from January 2012, operates an information and communications company “H” from January 2013, and Defendant B is a director of “stock company I”, a planning company for construction works.
1. The Defendants were aware that the former K, which is the removal company, had been engaged in business activities from around B in 2009 to order the removal of the L Area redevelopment improvement project (hereinafter “instant redevelopment improvement project”). Defendant B, Defendant A, and Defendant A, the chairman of the committee of promoters of the said redevelopment improvement project, proposed to introduce in succession the M of the said redevelopment improvement project to help the removal company and to receive money and valuables in return.
Defendant
B around January 2010, 2010, K told K to the effect that “A shall give up KRW 5000-60 million election funds to leave the election of members of the Gyeonggi-do Council, and upon request from the M Promotion Chairperson through A, the J may order the removal work.”
Afterwards, around February 24, 2010, the Defendants received shopping bags containing KRW 60 million in cash from the said K in the “O” ditch located in the main N apartment in Seocheon-gu, Seocheon-gu, Seocheon-gu.
As a result, the Defendants conspired to accept money and valuables under the pretext of soliciting the chairman's affairs of the promotion committee deemed as public officials under Article 84 of the Act on the Maintenance and Improvement of Urban Areas
2. Defendant B received KRW 5 million from K in the name of “to make solicitation to the Chairperson of the said M Promotion Committee through the said A so that the J may give orders for removal works” in front of the above Lestop toilet in the temporary border of the above 1.
Accordingly, the defendant is a public official under Article 84 of the Act on the Maintenance and Improvement of Urban Areas.