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(영문) 서울중앙지방법원 2016.01.11 2015고합621
특정범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for four years.

1,382,689,242 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. Progress of G projects and conclusion of advisory contracts;

A. On August 30, 201, the Defense Acquisition Program Promotion Committee established the “G Project Promotion Basic Strategy” and on November 4, 2011, which set forth the detailed implementation methods of G projects, to ensure that G eight preferentially purchases from the Republic of Korea (the primary business), and the remainder of 12 units determined the future introduction methods and obtain (the secondary business) and “G purchase plan” which set forth the detailed implementation methods of G projects.

B. When the Defendant and H’s direction of promoting the G1 project was determined to be a purchase abroad, the Defendant and H’s position and attitude towards the Defendant’s pro rata relationship with the Defendant around November 201 with the Italy and English Joint Venture Ha (hereinafter “H”) seeking to participate in the said G project as a type of flag (i.e., one-person “J”) and the Defendant, taking advantage of the pro rata relationship with the Ministry of National Defense, the Defense Agency, the military, and the high-rise relationship with the agencies related to defense projects, such as the Ministry of National Defense, the Defense Agency, and the Armed Forces, and their influence, and at the same time, the Defendant came to know of the position and attitude of selecting the type and promoting the project against them as a type of business, and the acquisition method of the second business was determined to be purchased overseas, and thus, the Defendant would be paid to the Defendant at least 20% of the total amount of remuneration x 16% of the G200,000 won (i.e., 260% of the contract amount).

2. On January 17, 2012, the Defense Acquisition Program Office in relation to G primary projects holds a briefing session for G projects and distributes a written request for proposal to participating in the bidding. On May 10, 2012, the Ministry of Environment received proposals from H I and the United States K L (M) from May 15, 2012 to May 17, 2012.

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