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(영문) 대구지방법원 포항지원 2016.09.08 2016고단801
제3자뇌물수수등
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 5,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. From October 25, 2007 to February 3, 2014, Defendant A was in office as the head of the F District Urban Development Association located in North Korea-Gu E (hereinafter “instant association”) and was deemed as public officials pursuant to Article 84 of the Urban Development Act in overall control of business affairs such as the selection of land allotted by the authorities in recompense for development outlay, the payment of land allotted by the authorities in recompense for development outlay and the supervision of the progress of construction works. A around September 29, 2006, Defendant A performed construction on the condition that he received the land allotted by the instant association as a trustee and a contractor, who were awarded a contract for the F District Urban Development Project from the instant association and received the land allotted by the authorities in recompense for development outlay.

Around May 2009, the Defendant received a solicitation from a pro-Japanese B to the effect that “The development gains are good land in the F district,” and that four are the head of the partnership, so that the Si Corporation may purchase the land I (hereinafter “instant development recompense land”) that is paid to the Si Corporation as the progress payment, and that it would purchase the land.”

After that, on July 30, 2009, the Defendant received a remittance of KRW 20 million as an honorarium for the above solicitation from a national bank account (J) under the name of the Defendant.

Accordingly, the defendant accepted a bribe in relation to his duties.

B. Around June 2009, the third party acceptance of bribe Defendant was conducted at the association office of this case where the North-gu Office of the Republic of Korea is located in the second floor at the port of port.

The H representative director G, a contractor of F District Urban Development upon B’s request, who is responsible for executing the construction, wishes to purchase the instant development recompense land that will be paid as progress payment. The sale of the instant land to the cost of the instant land allotted by the recompense for development. If sale is possible, the sale of the land will demand the convenience of the construction to be completed well in the future, and G would sell the instant land allotted by the recompense for development in return for various convenience, such as the selection of the land allotted by the authorities in recompense for development, the time of payment of the recompense for development recompense land, and the completion of construction supervision, around July 16, 2009.

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