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(영문) 부산고등법원 2020.12.09 2020노446
뇌물수수등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged, the guilty portion and the lower court found the Defendant not guilty of the abuse of official authority and obstruction of another’s exercise of one’s rights against B, C, and D among the facts charged, and since the prosecutor did not appeal this, the aforementioned acquittal portion is separately determined and excluded from the judgment of the lower court

Therefore, the part not guilty among the facts charged and the summary of the judgment of the court below is omitted.

1) Of the facts charged, the Defendant is a Grade VII public official for viewing E, and the Culture and Arts Center under the E City (hereinafter “E Culture and Arts Center”) from January 13, 2016 to January 11, 2018.

) While serving in the office building management team, he/she has been in charge only until July 2017. G is the representative director of the I.S. K in charge of landscaping construction business, and the J jointly operated the company while holding 50% of the shares of the K in charge of landscaping construction business. The Defendant was indicted as follows. A) The lower court’s criminal facts constituting a crime of bribery 1.

(1) Criminal facts of the lower judgment related to the IBA Co., Ltd.

applicable to paragraph (1).

I In the case of the E Culture and Arts Center(hereinafter referred to as the "Art. 2016 E-Art. 207") the "G. Doctrine Management and Landscape Management and Management Services" in 2016.

A) A business entity awarded a contract and entered into a landscape architecture service contract in total amount of KRW 65,97,790, and the Defendant and G provide business convenience, such as exempting the Defendant from supervision and supervision for the payment of progress payment to the IBBA, and instead, the IBA entered into a contract with the Defendant to directly subcontract the entire IBA (the Defendant directly employed the Plaintiff and directly entrusted the overall landscaping construction work).

Accordingly, the defendant has to conduct landscaping services from the end of February 2016 to the end of December 2016.

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