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(영문) 수원지방법원 2016.10.14 2016고합454
특정범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant received good offices related to permission for the storage of F goods in Seongbuk-gu, Sungnam-si from Sungnam-si G, which had been operating a second water commercial in the name of J in the non-permanent area around December 2010 and around September 3, 2013, the defendant received the above K and its agent from K upon the request of the above K and its agent for "a request to obtain goods storage permission from the F of the Ma-gu, Sungnam-si, Sungnam-si, which is located within a development-restricted area, for the above K and its agent." In response, the defendant received from the above K the total amount of KRW 20 million around December 2, 2010, KRW 10 million around September 3, 2013, KRW 500,000 around September 14, 2013, KRW 500,000,0000 around September 14, 2013.

As a result, the Defendant received delivery of KRW 50 million to arrange matters belonging to the public official's duties.

2. On April 2013, the Defendant, at the time, was introduced Q Q, which was operating an indoor horse riding hall called “P” by illegally remodeling a vinyl greenhouse for strawing, from the N, which was known to the police and was located in Pyeongtaek-si, Sungnam-si. From August 201, 201, at the time, in relation to the permission to construct a horse riding track for the purpose of destroying, etc.

At the time Q Q was notified that Q would conduct an administrative vicarious execution as well as large non-performance penalty if it is not restored to its original state, so it was a situation in which Q would have to incur enormous economic loss unless it is sought a substitute site and obtained a new riding track building permit.

The Defendant, while displaying a riding track substitution site along with Q, determined that there were two parcels, including the R-owned Ma in the above P, Sungnam-si, Sungnam-si, and 2, which were suitable for the riding track site.

Q entered into a contract to purchase the said land in the amount of KRW 3.73 billion from R on June 13, 2013 without obtaining a building permit from the revised Gu Office. On June 14, 2013, the Defendant entered into a contract with Q and riding track design and supervision.

The Defendant is as above.

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