Defendant

A shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding 100 million won, and by imprisonment for not more than one year and six months.

Defendant

A above.

Punishment of the crime

[Presumption Facts] Defendant A was elected to C City Council through simultaneous local elections on June 2, 2010, and was elected to C City Council members through the six simultaneous local elections on June 4, 2014. Defendant A concurrently held office as the chairperson of the Special Committee on Budget Settlement from July 2, 2012 to June 2014, Defendant A concurrently held office as the public official in political service, among the Standing Committees of C Council, from July 2, 2012 to June 2, 2014. Defendant A also held office as the chairperson of the Special Committee on Budget Settlement; examine various bills and budget related to the revitalization of the regional economy, support for small and medium enterprises, establishment of agricultural policies, promotion of policies on agriculture, implementation of policies on local council affairs, etc.; hear reports on the affairs of the relevant executive organ; conduct administrative affairs and audits; check whether the budget is lawful and reasonable, and conduct follow-up control.

Defendant

B From around 2004, he/she operated E corporation with the purpose of water supply and sewerage construction business located in D with Defendant A to operate it. After Defendant A was elected in the City Council, he/she is a person who, alone, operates the above company.

F Co., Ltd. aims at the construction business of water supply and drainage facilities, and uses an office like the above E Co., Ltd. and shares accounting staff, and E Co., Ltd. is a corporation that performs duties such as entering into a contract with several contracting parties.

1. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) committed on June 2, 2010 at a construction site where the location in G cannot be known at around the time of election at the C Si Council, and Defendant B promised to request the E Company to give orders to the head of Eup/Myeon in his/her jurisdiction and receive the price from B, on the ground that “The construction cost of the 1-person government-funded public-funded construction project, which will be received from the Eup/Myeon in his/her jurisdiction due to the Na in the future, differs from 10% of the construction cost of the 1-person government-funded public-funded construction project.”

Since then, the Defendant entered into a contract with E Company to the Eup/Myeon of G and H.