beta
(영문) 수원지방법원 2015.06.05 2015고합96

배임수재

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

The Defendant, as the chief of the office at the site of the National Highway Improvement Works in Chuncheon-si, Chuncheon-si, which was executed by the Victim C Co., Ltd. (hereinafter “C”), is a person in charge of the process management, etc. as the chief of the site office, E is a person in charge of the said construction site as the chief of the site office, and F is a representative director of the State (hereinafter “H”) who is an enterprise that mainly conducts the import and supply of products, such as cancer (NH3) analysis devices and nitrogen oxides (NOx analysis devices) analysis devices manufactured by German G company, and the installation of various electric and measuring facilities of

1. The criminal defendant related to the establishment of a video termination system is a chief of public service division in selecting a subcontractor, and when concluding a negotiated contract with the selected enterprise, the duty to prevent the occurrence of damage to the victim company by examining whether the estimated price presented by the subcontractor is reasonable, and by preventing the occurrence of damage to the victim company.

Nevertheless, the Defendant, from early 2011 to early 201, conducted installation works for video oil reduction system among D national road improvement works executed by C with F police officers from H subcontracted period, but, from the first construction contract amount proposed by F, received KRW 80 million from F to receive the amount of the construction contract amount, and solicited to divide the difference with F. According to the above public offering, the Defendant received KRW 30 million from F from F in the car page parking lot of B-I, which is located on the roadside side of the direction of both districts, from the National Highway in Chuncheon, around July 8, 2011 to receive KRW 50 million from F in total, including KRW 20 million, at the same place on August 26, 201.

After that, on September 26, 201, F submitted to C a detailed statement of tender equivalent to KRW 440 million in which the value of the actual supply of KRW 360,000,000 from KRW 360,000 to KRW 80,000,000 was added, and selected as the subcontractor, and entered into a contract for construction with C on September 26, 201, with the supply value of KRW 440,000,000.

This is the defendant.