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(영문) 서울남부지방법원 2015.01.16 2014고합462
뇌물공여
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Real Name] The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) shall submit a certificate of guarantee issued by the issuing agency, such as a warranty for defect repairs, which is mandatory before applying for a pre-use inspection pursuant to Article 60 of the Enforcement Decree of the Housing Act, where it is difficult to perform defect repair due to the default, closure, or business difficulties in the construction of an apartment where the defects occur in the construction, and the guaranteed amount shall be determined according to the project cost of the apartment construction.

The method of the performance of the warranty is to be carried out by the payment of the bid amount (tender method) to the enterprise determined by the Korea Housing Guarantee with the direct selection of the repair enterprise, or by the payment (cash payment method) of cash for the purpose of the repair of defects to the apartment housing council.

The basis of the method of implementing guarantee is the performance of the guarantee obligation of the Korean Housing Guarantee, and the bid method and the cash payment method are determined according to the choice of the apartment council of occupants' representatives.

The repayment guarantee shall be the standard amount of bidding methods or cash payment methods to determine the existence and degree of defects when requested by the council of occupants' representatives of apartments to investigate the site and prepare a report on the results of defects in order to determine the existence and degree of defects, and then select the cost company and select the cost company to calculate the basic amount necessary for the repair according to the degree of defects.

shall be calculated by the court of law.

On the other hand, in the case of cash payment method, the council of occupants' representatives requests the performance of the warranty bond under the condition that most of the repair companies are fixed in advance. In general, it is determined by the method of selecting the tenant representatives by giving the highest score to each company after holding the briefing session for the repair companies.

The above selected repair business entity.

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