beta
(영문) 서울북부지방법원 2013.10.29 2013고단2130

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

(F) The Defendant, as an executive officer of the F (hereinafter referred to as the “F”), was working as the Director General of the Incheon G G construction site performed by F from around 2007, controlled the overall work related to the said G construction. From 2009, the Defendant served as the Director of the Songdo Agency, and took overall charge of the overall work of the Incheon Bitro Corporation (G, H hotel, I building and J apartment construction, etc.) in which F is ordered. From around December 2010, the Defendant was promoted to the Director General of the Construction Project and took overall charge of the overall work related to the construction project headquarters.

Around March 209, the Defendant received an illegal solicitation from N to April 2010, and received KRW 60 million in total on five occasions in return for the receipt of an unjust solicitation from N to the effect that “the Defendant received a large amount of expenses incurred in the course of H hotel construction and attempted to receive settlement in the future,” and received KRW 20 million in return, from around that time to around that time, the Defendant received an unjust solicitation, such as receiving orders from N for construction and providing convenience in the settlement of construction costs, as described in the attached list of crimes, from around that time to around April 2010.

Accordingly, the defendant is a person who exercises overall control over F's construction projects and acquires property in return for illegal solicitation in relation to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to the prosecution statement protocol concerning N;

1. Article 357 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The fact that the defendant for the reason of sentencing under the latter part of Article 357(3) of the Criminal Act leads to the confession of a crime, that the two months of his/her imprisonment life is divided in depth while living in prison, and that the amount received from the owner, who is a subcontractor, is not the same, but the above amount;