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(영문) 대전지방법원 홍성지원 2015.04.08 2015고단39
변호사법위반
Text

A defendant shall be punished by imprisonment for two years.

376,161,640 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

From February 2, 2011 to February 201, the Defendant, as the head of the branch office of the Fund, which is a production company, including pumps, has been engaged in the activities of the Corporation, and D is the representative director of the Fund in charge of the settlement of disputes.

1. On January 1, 201, the Defendant: (a) sought that the pertinent construction order was scheduled to be given from the G head of F in charge of the design service of the “E drainage pump site” construction works ordered at Sungnam-si; (b) around that time, at the K G head of F in charge of the design service of the “E drainage pump site” construction works ordered at Sungnam-si; and (c) offered that “D will request the design company in charge of the design service of the “E drainage pump site” construction works scheduled at Sungnam-si, and the public officials in charge of the order, so that the F in charge of the instant construction works may be given by a negotiated contract,” and that D would pay 10% of the construction price if the said construction works were ordered to be paid.

The defendant around that time, the public officials in charge of ordering the roads and the affiliated companies of Seongbuk-si selected as an exemplary procurement company for the underwater pumps. Accordingly, the defendant solicited that the Dispute Resolution Co., Ltd. may receive the construction by contract, and ordered the construction work to the Dispute Resolution Co., Ltd. on February 13, 2012 by private contract at KRW 600 million for the construction cost, and the defendant received KRW 59.4 million in return for mediating the above construction work from D through the Korean National Bank Account in the name of the Dispute Resolution Co., Ltd. (L) around March 19, 2012.

Accordingly, the defendant received 59,400,000 won under the pretext of soliciting or arranging the affairs handled by the public officials.

2. On January 1, 2012, the Defendant offered that “The order for the construction work of “M rainwater drainage pumps” and “N Zone Sea Reclamation” ordered at the time of Jung-Eup, the Defendant would allow D to contract the construction work of “M rainwater drainage pumps”, which is scheduled to be ordered at the time of Chungcheongnam-si upon request of the public official in charge of the ordering at the time of Chungcheongnam-si, and D, the above provision provides that “A public official in charge of the order may receive the order by a private contract.”

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