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(영문) 서울서부지방법원 2018.02.07 2017고합318
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

Defendant

A Imprisonment of three years and six months and fine of KRW 70,000,000, Defendant B imprisonment of October, Defendant C of August, and Defendant C of August.

Reasons

Punishment of the crime

1. From March 1, 201 to September 2, 2016, Defendant A, including the Defendants and related persons, provides that “The executives and employees of the Foundation shall be deemed public officials in the application of the provisions of Articles 129 through 132 of the Criminal Act in the course of performing projects under this Act” under Article 30(13) of the Act on the Protection and Settlement Support of Residents Degrading from North Korea, the planning and management division of L Foundation (the legal name of M Foundation; hereinafter “Foundation”) under the Ministry of Unification from March 1, 201 to September 1, 2016, where Defendant A receives money and valuables in connection with the duties of the Foundation, they constitute a crime of accepting bribe.

A person who has overall control over the bidding and purchase of computer-related software and hardware of the Foundation while working for the Foundation, the performance testing and maintenance of supplied goods, etc.

Defendant

B is an operator of the “N” LAD Co., Ltd., the information system consulting and supplier (hereinafter referred to as “N”), and N entered into a service agreement with the Foundation on December 6, 201 with the “Establishment of a backup System and Establishment of DB White Business” in an amount equivalent to KRW 72,630,00,000, and entered into a service agreement on June 1, 2013 with the Foundation, and continued to engage in a service agreement from the Foundation, such as renewal of the contract each year by 2017.

Defendant

C is an operator of an information system consulting and a supplier company (hereinafter referred to as “O”), and theO entered into a contract with the Foundation for “electronic document system construction services” equivalent to KRW 26,00,000,000 of the service cost on March 31, 201, a contract for “specialized consultant consultation management and maintenance infrastructure” equivalent to KRW 176,50,000 of the service cost on November 7, 201, a contract for “building network security equipment” equivalent to KRW 120,000,000 for supply price around December 3, 2012, and a contract for supply price of electronic document security equipment equivalent to KRW 48,40,000 for supply price around August 20, 2013,” and a contract for supply and delivery from a foundation, such as “the purchase of electronic document system software”.

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