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(영문) 서울남부지방법원 2016.09.30 2016고합139
특정범죄가중처벌등에관한법률위반(뇌물)
Text

Defendant shall be punished by imprisonment for four years and by a fine for 60,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

D. An urban environmental improvement project association for urban renewal promotion zone (hereinafter referred to as the "association of this case") is a cooperative established for the purpose of removing buildings within the project implementation zone in Yeongdeungpo-gu Seoul Metropolitan Government and constructing the five underground floors and two above 193 households of 32 stories above ground and 193 households above ground. The establishment was registered on April 8, 2008 on the 11st of the same month after the establishment was approved, and the defendant serves as the head of the association of this case from April 8, 2008.

On October 1, 2015, the Defendant: (a) visited G of the instant association office located in Yeongdeungpo-gu Seoul Metropolitan Government (F) around October 1, 2015, to the effect that “A request for the supply of services on behalf of the cooperative, such as planning companies, construction companies, and the selection of financial companies for urban environmental improvement projects being promoted by the cooperative; and (b) obtained the consent; and (c) concluded a contract for business cooperation related to the execution of the instant association and G, a corporation operated by the instant association and the J (hereinafter “J”) around October 6, 201, the Defendant received KRW 52 million from G under the pretext of concluding the said service contract.

Accordingly, the defendant received a bribe of 52 million won in relation to the duties of the president of an association, which is deemed a public official.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, K and L, and part of witness M in the legal statement;

1. In full view of the circumstances such as the process leading up to the confession by the defendant, the contents of the statement, and the fact that the defendant has been continuously supported by the counsel during the investigation, the statement made by the prosecutor in the third prosecutor's office against the defendant was conducted in a state where the defendant's statement was in a state of voluntariness due to pressure and pressure by the prosecutor.

shall not be deemed to exist)

1. N. M.

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