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(영문) 광주지방법원 2014.02.18 2013고단5755

배임수재등

Text

[Defendant A] The defendant shall be punished by imprisonment for two years.

185,500,000 won shall be additionally collected from the defendant.

[Defendant B]

Reasons

Punishment of the crime

[2013 Highest 5755] (Defendant A) (P) PP was a corporation established for the purpose of civil engineering and construction work on the fourth floor of Q Building in Naju City, and around 2008, in the course of the construction of the S apartment upon receiving a contract from the R(State), etc., the executor of the Q Building, etc., in order to execute the construction of the C-S apartment, in T-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

The Defendant, as the vice head of P and the head of the construction team at the S apartment construction site, is in charge of the selection of subcontractors and material suppliers, construction process and subcontractor management, and payment and settlement of construction cost, etc., in relation to the above construction project conducted by P. As such, an appropriate company should be selected based on objective indexes, such as construction capacity, quality of products, bid price, and credit rating of the relevant company, and the subcontractor should pay the reasonable price by closely examining whether the construction cost and the utility rate requested by the subcontractor are appropriate, and there was a duty of care to receive the back payment and give preference to the specific company.

1. On December 2, 2009, the Defendant received 20 million won from the Defendant’s new bank account (AC) in the name of the head of Do fishing team division to the Defendant’s agricultural bank account (AC) and received 20 million won from February 4, 2010 to the Defendant’s agricultural bank account (AC) account in the name of the head of Do fishing team division to the Defendant’s agricultural bank account (AE) account.

Accordingly, the defendant receives the illegal solicitation from AA, etc., and 40 million won in total.