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The judgment below
Defendant 1.D, 2.E, 5.A, 6.I, 7.J, 8.B, 9.K, 10.K, 12.O, 13.C, 14.P, 16.R, 18.T, 19.U, 21.W, 22.X, 23.Y.
Reasons
1. Presumption
A. In the instant case, the Defendants were prosecuted for having offered or received a bribe in relation to the construction of the total disposal facilities (a total project cost equivalent to KRW 98.2 billion), i.e., a facility that treats “human” by lowering the permissible value from 2 pm to 0.3 pm from among substances causing nutrition publicly announced by Gwangju Metropolitan City around December 14, 2010.
In the bid for the construction of a total disposal facility, CK Co., Ltd. (hereinafter referred to as “CK”), CL Co., Ltd. (hereinafter referred to as “CL”), CM Co., Ltd. (hereinafter referred to as “CM”), and CO Co., Ltd. participated in the bidding.
On the other hand, on March 24, 201, the Seoul Metropolitan City Deliberation Committee on Construction Technology (hereinafter “Local Committee”) composed of the Construction Technology Management Act in order to deliberate on matters concerning construction technology shall select 15 members from among the members of the design deliberation subcommittee (the term of two years, commissioned on May 1, 2010; hereinafter “design Deliberation Committee”) as the members of the design deliberation subcommittee on the total number of treatment facilities and the subcommittee (hereinafter “Design Evaluation Committee”) and have them examine the basic design documents, etc. submitted by the said four joint contractors. On April 21, 201, a joint supply and demand organization with CK as the main axis was selected as the result of design evaluation conducted on April 21, 2011.
B. Defendant 2.E’s status as Defendants 2.E shall be comprised of civil engineering engineering and professors at the CP University and design evaluation members (the field of civil engineering structure), Defendant 4.G shall be the public officials belonging to Gwangju Metropolitan City as design evaluation members and design evaluation members (the field of electricity and measurement and control equipment), Defendant 6.I shall be the public officials belonging to Gwangju Metropolitan City, Defendant 10.L shall be the design evaluation members and design evaluation members (the field of sewage and environment), and Defendant 11.M shall be the public officials belonging to Gwangju Metropolitan City.