beta
(영문) 수원지방법원 2015.01.16 2013재고합4

배임수재등

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

The progress of the case and the scope of the trial

1. In the instant case (hereinafter “instant case subject to review”), the Defendant received KRW 400 million from Q2 (hereinafter “P”) running a P Co., Ltd. in relation to the selection of a new company of the Education and Welfare Center (hereinafter “the instant construction”) ordered by M Co., Ltd. (hereinafter “P”), and sent it to P Co., Ltd through B, a father-head of M Co., Ltd. (B) through the Suwon District Court Decision 2010Da190 (hereinafter “the instant case subject to review”), even though the Defendant did not demand an additional amount of reward for construction works from M Co., Ltd. (hereinafter “M Co., Ltd.”) but did not demand an additional amount of KRW 40 million from M Co., Ltd. (hereinafter “M Co., Ltd.”), and received a verdict of KRW 100 million from Q Co., Ltd. to 300 million in addition to the existing amount of reward for construction works in this case, the Defendant did not appear to have been convicted of the Defendant’s charges of embezzlement of KRW 200 million from Q.

(hereinafter “The Judgment on Review”). The Defendant appealed with Seoul High Court Decision 2010No2844, but all appeals were dismissed on January 14, 201, and Supreme Court Decision 201Do1234 Decided April 28, 201, but the judgment subject to review became final and conclusive as it was, since the final appeal was dismissed on April 28, 201.

On June 26, 2013, the Defendant filed a petition for a new trial on the judgment subject to a new trial. On February 21, 2014, this court rendered a decision to commence a new trial by recognizing that there was a ground for a new trial on the criminal facts committed in the judgment subject to new trial among the judgment subject to new trial.