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(영문) 전주지방법원 2013.04.18 2012고단2166
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Criminal facts

[2012 Godan2166] From February 2, 2007 to July 201, the Defendant, as the representative of D Co., Ltd., a supplier of computer maintenance and consumption goods, planned to engage in F business in E-China and high schools with the support of the Office of Education of Jeollabuk-do, in order to maintain and repair Pyeongtaek-si computers, while entering high schools and stockpiling ties with the principal. The principal of the above school became aware of the fact that he was an assistant principal of G middle schools.

On November 2009, the Defendant stated that H “F construction work is changed to B,” and H respondeds to this.

Since then, the defendant came to know of the introduction of I, which was known to the office of the Jeonjin-gu Seoul Special Metropolitan City D Co., Ltd., the defendant, "In the Republic of Korea, there was a promise to receive the E-China and the E-China High School principal and F Corporation through a private contract, which will be ordered to receive the above construction, and 20% of the total construction cost will be changed from the total construction cost."

On December 22, 2009, the Defendant arranged the F Corporation of KRW 99,860,00 between E High School and J Co., Ltd. to enter into a private contract. On February 19, 2010, the Defendant received KRW 19,976,800 from K in return for the arrangement of orders for the above construction works.

As a result, the defendant received money and valuables on the intermediation of matters related to public official's duties.

[2012 Highest 2912] On December 22, 2009, the Defendant arranged the F Corporation of KRW 99,860,000 to enter into a private contract between E High and High Schools and J Co., Ltd. on December 22, 2009, the Defendant agreed to receive 20% of the total construction cost from K representative of JJ Co., Ltd in return for the mediation of construction contract.

As above, the Defendant had the intent to disguise the fact regarding the acquisition or disposition of criminal proceeds generated in return for good offices. On February 18, 2010, the Defendant was awarded a subcontract for interior works equivalent to KRW 19,972,00 from J Co., Ltd., Ltd., which was operated by the Defendant.

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