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(영문) 부산지방법원 2018.05.11 2017고합550
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for 7 years and a fine of 400 million won.

The above fine shall not be paid by the defendant.

Reasons

Criminal facts

1. Facts of premise;

A. Defendant A’s status relationship with the Defendants is a person who is deemed as a public official pursuant to Article 84 of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (amended by Act No. 13912, Jan. 27, 2016) by representing the J apartment reconstruction and rearrangement project association (hereinafter “association”) and exercising overall control over its affairs, which represents from around September 207 to around 13, 200 the J apartment reconstruction and rearrangement project association (hereinafter “association”).

Defendant

B From November 2007 to December 13, 2016, the association performed its affairs by assisting the president as a full-time director of the association.

Defendant

C As K representative director, K corporation was L from 2002 to 2006.

Defendant

E entered M Co., Ltd. (hereinafter referred to as “M”) around 1998 and took overall charge of construction work of the company as vice president of the said company at the time of carrying out the reconstruction and improvement project.

Defendant

D was employed in M in around 1981, and as a managing director of the company at the time of carrying out the reconstruction improvement project of the above company, the company was in charge of the execution of funding and on-site management of J apartment reconstruction projects.

Defendant

F is a person who had worked as a site warden of MJ apartment reconstruction work from December 2, 2012 to October 22, 2014 and from April 20, 2015 to April 20, 2015.

Defendant

G is the representative director of the N corporation that entered into a specialized management service contract with the union on January 3, 2008.

Defendant

H is the actual operator of the O Co., Ltd. (hereinafter referred to as the “O”) who received the order of removal relating to the housing reconstruction and improvement project.

B. On December 16, 2004, the J Apartment Housing Reconstruction Improvement Project Promotion Committee was established to implement the J Apartment Housing Reconstruction Improvement Project (hereinafter “Promotion Committee”) and Defendant A was elected as the chairman of the Promotion Committee. Defendant A was elected as the president of the Promotion Committee on September 14, 2007 through the inaugural general meeting of the Association, and on October 18, 2007, Defendant A was elected as the president of the Association.

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