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(영문) 대구지방법원 서부지원 2015.12.09 2015고정780

배임수재

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A around November 2013, as a senior vice president and a senior vice president for management support in the second floor of the building in Daegu-gu, Incheon-gu, 2013, a person who is in charge of various administrative affairs, etc. in the hospital is a person who is engaged in the tegrative construction business, and Defendant B is a person who is engaged in the tegrative construction business.

1. In November 2013, Defendant A received a request from the victim to introduce and deliver construction business operators in charge of interior construction of building (total construction cost of KRW 279 million), Defendant A had a duty to color appropriate construction business operators through fair procedures.

Nevertheless, the Defendant was transferred KRW 13.9 million to the Nonghyup Bank account (I) in the name of the Defendant’s birth, in response to the illegal solicitation that the Defendant would help and help the Defendant receive the above construction contract from B at that time.

Accordingly, the defendant acquired 13.9 million won in return for an illegal solicitation in relation to his duties as a person who administers another's business.

2. Defendant B made an illegal solicitation to the effect that Defendant A would assist the Defendant to receive a contract for interior works as above and provided KRW 13.9 million in return.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Partial statement of the witness J;

1. Some statements made by the Defendants in each police interrogation protocol

1. The police statement concerning F;

1. An investigation report (to be accompanied by details of transactions by passbooks B, and a copy of a statement of transactions by passbook B);

1. Application of statutes governing a contract agreement for design works;

1. Relevant Article 357(1) of the Criminal Act; Defendant A who selects a fine: Article 357(2) of the Criminal Act; Article 357(2) of the Criminal Act; Selection of a fine;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: Article 357 (3) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act (as to fines)