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(영문) 울산지방법원 2016.08.05 2016고합23 (1)

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from the early half of the 2000s, is C Co., Ltd. (hereinafter referred to as “C”) located in Ulsandong-gu, Seoul (hereinafter referred to as “C”) and takes charge of quality inspection of the materials of the collaborative company supplied in connection with the production of high-tension circuit electric power equipment and appliances for the electric system quality control of the electric system headquarters, and D is the representative of E that supplies electric pipeline materials, etc. to C, and H is the representative of G (hereinafter referred to as “G”) that supplies high voltage circuit opening and closing devices, etc. related to high voltage circuit cutting machines to C, and H is the representative of H that supplies electric machinery parts, etc. related to high voltage cutting machines to C.

1. Acceptance of property in breach of trust from the E representative D;

A. On October 2014, the Defendant: (a) around October 2014, to the representative D of E, the above delivery company, “I would immediately have a marriage ceremony; and (b) the Defendant would not have to pay a 20 million won amount.

” 라며 금품을 요구하여, 같은 해 11. 1. 경 경남 김해시 J에 있는 ‘K’ 식당 주차장에서 위 D으로부터 “ 납품하는 자재에 하자가 있더라도 잘 처리해 달라, 괜한 트집을 잡지 말아 달라” 는 등 납품 관련 부정한 청탁과 함께 현금 1,000만 원을 피고인의 아들 결혼 축의금 명목으로 교부 받았다.

Accordingly, the Defendant acquired the property in return for an illegal solicitation in relation to his duties.

B. From around 2009 to 2014, the Defendant received a total of 1980,000 won in total with the foregoing illegal solicitation from the foregoing D, as shown in the List of Crimes (1) as shown in the attached Table of Crimes, from “M consortiums” located in the GJ L in the GJ Kim Jong-si L during the period from around 2009 to around 2014, and acquired pecuniary benefits equivalent to the same amount.

Accordingly, the Defendant acquired property benefits in return for illegal solicitation regarding his duties as above.

(c)

The Defendant, from around 2009 to around 2014, was on the nine occasions in total at the “K” restaurant located in the J of Gyeongnam Kim Jong-si, Kim Jong-si.