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Defendant
A, B, and C shall be punished by imprisonment for eight months, and the defendant D and E shall be punished by a fine of 10,000,000 won.
Reasons
Punishment of the crime
[Status of Defendant A] A entered around February 2003, and served as a director of the road department D (hereinafter referred to as “D”) and Defendant B entered a company E (hereinafter referred to as “E”) around 1995 and served as a current director of the road department E., and Defendant C is the representative of the individual business chain Q.
[former Fact-finding] The R Co., Ltd. (hereinafter “damage Co., Ltd.”) created T with S Co., Ltd. to discover U business (hereinafter “instant project”) and conducted the first proposal route plan, type, structure design, etc. after obtaining relevant data through consultation with the relevant agency, and after investigating the current status of measurement, soil, environment, cultural heritage, volume of traffic, etc., invested an amount of KRW 2.9 billion from August 201 to August 201, 201, submitted the first project proposal comprising the route map, project cost, etc. of the instant project to V, an ordering agency. On January 2013, V requested the Korea Development Institute to examine U’s eligibility to submit a report to the Public Investment Management Center and the Korea Development Institute prepared and submitted the eligibility report to the Korea Development Institute around November 2013.
On September 5, 2014, V announced a third party's proposal concerning the project of this case, after deliberation by the Private Investment Promotion Committee of the Ministry of Strategy and Finance around July 2014. On December 2014, W(Y and D, etc.) and W(Y and E, etc.) submitted a third party's proposal, including T, the first proposer of the project, and as a result, W was selected as a priority negotiation subject.
【Criminal Facts】
1. From June 2014, Defendant A had overall control over W’s road design business regarding the instant project from around June 2014, Defendant A obtained the first proposal route of the victimized company to be selected as a potential concessionaire and analyzed it in advance, and attempted to utilize W’s road design, etc.
The defendant around April to May 2014, Songpa-gu Seoul AA building.