2013Gohap686 Acceptance of Misappropriation, acceptance of bribe

○○ (54 years old, south) and the chairman of the Housing Redevelopment Project Promotion Committee established under the Housing Redevelopment Project Act.

Incheon Residence

Reference domicile Incheon

Park Jong-sung (prosecutions) (Public trial) and red scarving (public trial)

Law Firm Members

[Defendant-Appellant]

November 22, 2013

A defendant shall be punished by imprisonment for a year and six months, by a fine of 10,00,00 won.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

60,000,000 won shall be collected from the defendant.

Facts of crime

On March 2006, the Defendant was selected and appointed as the chairperson of the Promotion Committee for the Establishment of Housing Redevelopment Projects in the OO District established to promote housing redevelopment projects for the whole zone of Incheon Dong-gu. The Incheon Dong-gu Office approved the establishment of the above Promotion Committee around August 23, 2006. Although the Defendant was selected as the head of the association general meeting held on February 9, 2009, but the establishment was not completed due to the lack of residents’ consent, he is in office as the chairperson of the Promotion Committee up to now. The Defendant is a member of the Promotion Committee as the head of the above Promotion Committee and is a person in charge of overall affairs of the Promotion Committee, such as the construction cost, such as construction cost related to the ○○○ District redevelopment project, incidental expenses, allocation of project cost, preparation of project implementation plan, etc.

이♡♡은 2008년경부터 구조물 해체공사업 등을 목적으로 설립된 주식회사 ▣▣이 앤씨 ( 이하 ' ▣▣이앤씨 ' 라고 한다 ) , 주식회사 OO이앤아이 ( 이하 ' OO이앤아이 ' 라고 한 다 ) 의 전무로 재직하다가 2011 . 10 . 경부터 대표이사로 재직 중인 사람이다 .

1. Acceptance of property in breach of trust;

가 . 피고인은 2008 . 7 . 4 . 경 인천 동구 송림동에 있는 이마트 송림점 인근 노상에서 이♡♡로부터 OO이앤씨 , 이앤아이가 위 OO구역 재개발사업 철거공사를 수주할 수 있도록 도와달라는 부정한 청탁을 받고 현금 3 , 000만 원을 교부받아 이를 취득하였

나 . 피고인은 2008 . 9 . 1 . 경 인천 중구에 있는 식당 주차장에서 이♡♡로부터 위와 같은 부정한 청탁을 받고 현금 2 , 000만 원을 교부받아 이를 취득하였다 .

2. Acceptance of bribe;

As the chairperson of the above promotion committee, the defendant became a public official in applying the crime of bribery under Article 84 of the former Act on the Maintenance of Urban Areas and Residential Environments (amended by Act No. 10268, Apr. 15, 2010; hereinafter the same shall apply).

피고인은 2009 . 7 . 28 . 경 인천 동구 송림동에 있는 이마트 송림점 인근 노상에서 이 ♡♡로부터 ▣▣이앤씨 , OO이앤아이가 위 ○○구역 재개발사업 철거공사를 수주할 수 있도록 도와달라는 청탁과 함께 현금 1 , 000만 원을 교부받아 그 직무에 관하여 뇌물을 수수하였다 .

Summary of Evidence

1. Defendant's legal statement;

1 . 임D① , 이♡♡에 대한 각 검찰 피의자신문조서 ( 대질 부분 포함 )

1. Report of investigation (examination of job relevance), investigation report (verification of the date of approval for the establishment of ○○ Area Establishment Promotion Committee);

report, investigation report (examination of job relevance 2)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 357(1) of the Criminal Act (the occupation of property in breach of trust, inclusive) Article 84 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

Article 129(1) (a) of the Criminal Act and each choice of imprisonment with prison labor

1. Imposition of fines concurrently;

Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Objection to the crime of acceptance of bribe)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Period for Acceptance of Bribery with Serious Crimes)

(1) Aggravation for concurrent crimes in one imprisonment

1. Discretionary mitigation;

Article 53 and Article 55 (1) 6 of the Criminal Code (in respect of fines, any provision of the following favorable grounds for sentencing:

(3)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Additional collection:

The latter part of Article 357(3) and the latter part of Article 134 of the Criminal Act

Reasons for sentencing

1. The scope of punishment: Imprisonment with prison labor for not less than one month, but not more than seven years and six months, and fines of not less than ten million won but not less than two million won and five million won;

et al.

2. Scope of recommended sentences according to the sentencing criteria; and

○ Basic Crimes: Acceptance of Bribery

[Determination of Type] Bribery, Acceptance of Bribery, Type 2 (not less than KRW 10 million, less than KRW 30 million)

【No Special Convicted Person】

[Scope of Recommendation] Imprisonment with prison labor for not less than one year but not more than three years (basic areas);

○ Scope of recommended punishment revised according to the standards for handling multiple crimes: Imprisonment with prison labor for at least one year (in the case of sentencing guidelines);

Since there is an unspecified violation of trust taking account of the lowest limit of the basic crime recommendation)

3. Determination of sentence;

Although each crime of this case was committed by a public official as the chairperson of the committee for the promotion of a housing redevelopment project that requires the level of integrity (hereinafter referred to as the "committee for the promotion of housing redevelopment project"), a large amount of money and valuables received from the removal company under the pretext of assisting the removal company to receive the order of the removal work, and thus, the crime is very poor. The fairness in the performance of the duties of the chairperson of the committee for the promotion of public nature due to the crime of bribery of this case and the social trust in the purchase of the price is damaged. A large amount of money and valuables received in relation to the selection of the removal company are reflected in the construction cost, etc. of the construction company, and the damage can not be transferred to the general members. In order to ensure the fairness and integrity in the performance of duties of the chairperson of the committee for the promotion of the maintenance and improvement of housing redevelopment project, it is necessary to punish the defendant seriously considering the purpose of the revision of the former Act for the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

다만 , 피고인은 1978년 이후로는 집행유예 이상의 전과가 없는 점 , 이 사건 범행을 모두 자백하면서 그 잘못을 깊이 뉘우치고 있는 점 , 현재까지 조합설립에 이르지 못하 여 ▣▣이앤씨 , ▣▣이앤아이의 철거공사 수주에 도움을 주지는 못한 점 등 유리한 정 상 , 그 밖에 피고인의 연령 , 성행 , 환경 , 범행의 동기와 수단 , 결과 , 범행 후의 정황 등 이 사건 변론에 나타난 모든 양형요소를 참작하여 주문과 같이 형을 정한다 .

Judges Yoonn-heer of the presiding judge

Judges Su Young-young

Judges Jeong-he