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Defendant
A Imprisonment with prison labor for 6 years and fines for 400,000,000 won, and Defendant B shall be punished by imprisonment for 3 years, respectively.
Defendant
A above.
Reasons
Punishment of the crime
1. Defendant A is the head of the E Union from July 31, 2003 to the present date (hereinafter “instant Union”), who represents the said Association and exercises overall control over its affairs.
around May 2008, the Defendant received a solicitation from B, who run the F Co., Ltd. (hereinafter referred to as the “F”), to the effect that the Defendant would be able to perform a balcony new construction work for each household at the reconstruction site at the above time. The following year:
9.2. At Gyeyang-si, the Plaintiff received 40 million won in total from the above date to April 201, and received 237,670,650 won in total on seven occasions, such as the list of crimes in the attached Table, from the above date and time to the day of April 201.
Where the crime of acceptance of bribe, which is an inclusive crime, was committed over before and after the enforcement of Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the scope of the amount of the acceptance of bribe, which is the basis for the calculation of fines,
(Supreme Court Decision 201Do4260 Decided June 10, 201 (Supreme Court Decision 2011Do4260 Decided June 10, 201). Accordingly, the amount of the bribe as above shall be punished by a fine of 189,315,30 won [15,893,900 won 5,000,000 won 10,000 won 15,893,921,400 won x 21,421,400 won (765,050 x 21,421,40,400 won x 21,421,400 won from January 26, 2008 to April 28, 2011].
Accordingly, the defendant accepted a bribe in relation to the duties of the reconstruction association officers who are regarded as public officials.
2. Defendant B is a person who actually runs a new-time sales execution business chain F in Y at the time of Mapopoposi.
In addition, the Defendant made a solicitation to the effect that he/she would be able to carry out the balcony new construction work for each household at the above reconstruction site at the same time and place as the above 1. Paragraph (1) above, and paid KRW 40 million to the following Dong from the above date and time to April 201.