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(영문) 대전지방법원 천안지원 2013.06.19 2013고합40

배임수재

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A was a member of G company around 1994, and from around 2000 to around March 1, 2007, the facts charged in the facts charged were stated as “A around February 1, 2007,” but in full view of the evidence such as the comprehensive personnel card against Defendant A, Defendant A was recognized to have been promoted to the head of the company around March 1, 2007, and thus, the above statement was corrected.

In the process of selecting a business entity in charge of automated physical distribution equipment (ST-UP), it has the authority to select and evaluate subcontractors, such as selecting a suitable business entity at the stage of planning and examination of a collaborative entity, presenting its opinion, and having the authority to conduct facility inspection after completion of the final construction.

In the process of selecting and evaluating automated physical distribution equipment-related subcontractors, the defendant has a duty to perform his/her duties in a fair and faithful manner without giving or receiving any solicitation money or valuables containing an illegal intent from a specific company.

Nevertheless, on May 12, 2008, the Defendant, as the secondary partner of the J plant of the I company, requested the preparation of KRW 200 million by telephone to the representative director B of L Co., Ltd. (hereinafter “L”), which produces the automation physical distribution equipment, and then requested the preparation of KRW 200 million. On June 12, 2008, the Defendant received the orders for various types of automated physical distribution equipment construction works of I which are located in the above B B in the Ncafeteria located in Seo-gu, Seoan-gu, Seoan City, Seoan-gu and received various conveniences in carrying out the installation works in I, and received the delivery of KRW 50 million in the same place as the case 420 million cashier’s checks.

As such, the Defendant received illegal solicitation as to his duties and received KRW 200 million.