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(영문) 청주지방법원 2017.05.12 2016고단1739
건설산업기본법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A had occupational duties to administer all the business affairs of the said Corporation, such as managing the subcontractor and supervising the progress of the construction work, who is a contracting company of H H Corporation I in the Cheongju-si, and Defendant B, as the representative director of the K K in the Cheong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, has entered into a subcontract with the said Corporation I and performed the said construction work.

No person placing an order, contractor, sewage supplier, or interested person shall acquire or provide economic benefits or assets in exchange for an unlawful request in connection with the conclusion of a contract agreement or the execution of a construction work.

1. On July 17, 2013, Defendant A received delivery of KRW 20 million at the office of the head of the H-site site office around July 18, 2013, upon receipt of the above request from Defendant A, at the office of the H-site office, and issued KRW 5 million upon receipt of the above request from the said L, in order to ensure that Defendant A does not re-examine the soundproof wall construction work from L, an employee of the K K in charge of the K in receipt of the direction from Defendant B.

As a result, Defendant A acquired KRW 25 million from Defendant B upon receiving illegal solicitation in relation to his duties.

Defendant

With respect to the above order of acquisition of KRW 25 million and the process of its receipt, A and his defense counsel received additional KRW 20 million after the first five million receipt. The process of receipt is that the first five million won is due to the use of renewable soundproofing materials in part of the soundproofing Walls constructed by K (State) and received upon the request of (State) the request to resolve these problems smoothly. The amount of KRW 20 million remains a large amount of profit due to the instant construction and the Defendant’s recommendation of (State) as a contractor of additional work.

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