Text
Defendant
A Imprisonment with prison labor of one year and six months and fine of 1,500,000 won, and Defendant B shall be punished by imprisonment with prison labor of six months.
Defendant
A above.
Reasons
Punishment of the crime
"2018 Highest 1297"
1. Defendant A is a person who had been working as the Chairperson of the Residents Support Committee of Pyeongtaek-si from around 2008. A.
On December 1, 2010, the above resident support committee, which the defendant in breach of trust is the chairperson, entered into an agreement with F Co., Ltd., the operator of the business that creates eco-friendly residential space and high-tech industrial complex, to receive services for removal of obstacles, such as remaining buildings and waste disposal in the business area, which is the operator of the business that creates high-tech residential space and high-tech industrial complex.
On April 2015, the Defendant proposed that B shall have the authority to carry out services for removing obstacles from the office located in Pyeongtaek-si G to obtain large profits by jointly providing services for removing obstacles in the area subject to the E project with the residents' countermeasure committee at the time of payment of KRW 100 million, and that B, upon receiving the proposal above, solicited the Defendant to jointly carry out services for removing obstacles with the residents' countermeasure committee.
On May 22, 2015, the Defendant received one copy of the agricultural bank deposit passbook (H) and one cash card in the name of No. 100 million won deposited from B from May 22, 2015.
As a result, the defendant acquired KRW 100 million in return for an illegal solicitation in relation to his/her duties while handling the affairs of the Residents Countermeasure Committee.
B. Around August 2015, the defrauded, at the victim B’s office, concluded that “Around August 2015, the Defendant would make it possible for the victim to receive substitution of more commercial areas than the time of the first appraisal by requesting a certified public appraiser to set a higher appraisal price on nearby land in the diversary region. In response, the Defendant made a false statement to the victim B, stating, “A request for payment of KRW 20 million and KRW 50 million to the certified public appraiser I.”
However, since the appraisal of the land owned by the victim had already been completed at the time of fact, even if the defendant receives money from the victim, the victim is in the vicinity of the control station.