Defendant

A Imprisonment with labor for two years and fines for 40,000,000 won, and Defendant CJ shall be punished by fines for negligence for 5,000,000 won.

Punishment of the crime

[Dissenting Facts] (2015 Gohap 194, 200) Defendant A was an institution of Grade IV technology in Busan City from July 6, 2010 to December 31, 2012, as an institution of Grade IV in Busan City, and was in charge of managing and supervising the entire project, such as project approval, guidance, supervision, etc. in connection with R development projects. Defendant CJ is the representative director of the Si Q Q (hereinafter “C Q”) which is a landscaping company.

On the other hand, around June 2012, with respect to the pertinent RR landscaping project (hereinafter “instant construction project”), a contract for construction works worth KRW 35.3 billion was entered into between the Si of Busan and the construction cost of the RR Co., Ltd. (hereinafter “CR”).

Defendant

The CJ predicted that it would be difficult for Q to participate in the bidding as a subcontractor of the CR due to the lack of transactional relationship with CR before the CR was the Daegu metropolitan area, and requested the Defendant A to recommend CP as a participant of the CR subcontract, and Defendant A to receive the subcontract by inserting pressure into CR through Defendant A.

【Criminal facts】 2015 Gohap 194】

1. Around June 2012, Defendant A’s crime (around June 2012, the Defendant refers only to Defendant A) requested Defendant CJ to recommend Q to allow Defendant CJ to participate in the instant construction project as a CR subcontractor, and requested the said CJ to pay the price when Q is given a subcontract. Defendant CJ promised to pay the price.

On July 1, 2012, the Defendant recommended Q Q to the Director of CR site as a landscaping subcontractor around July 2012, and around that time, the Defendant introduced the above CS to Defendant CJ, thereby allowing Defendant CJ to reach the CS. Ultimately, around August 1, 2012, Q ordered construction costs of KRW 2 billion.

On June 18, 2012, before the Defendant recommended Q Q to be a subcontractor in the above process, Defendant CJ from Defendant CJ to “CV” from among the cafeteriaU hotel located in Busan Shipping Daegu, Busan.