Property in breach of trust

2. B

3. C.

Attorney Lee Jae-chul (for the defendant B)

Attorney Yoon Gyeong-hee (the national election for the defendant C)

However, for two years from the date this judgment becomes final and conclusive, the execution of each of the above punishment against Defendant A and Defendant B shall be suspended.

The defendant is a partner of D Co., Ltd. (hereinafter referred to as D) who operates E (hereinafter referred to as 'E') that produces and supplies steel products, such as 'DUCT', 'gas pipeline(GS PIPE)', as a partner company.

On October 2012, the Defendant agreed on the estimate price of the D Materials Management Team's "S", which entered into a four drilling line (H3031, 3032, 3034, and 3035 lines) that was ordered by the D Materials Management Team's "SUT" company and the "SDJEL" company's "SIM DUT" company, which entered the drilling line (ODJEL), which was ordered by the D Materials Management Team's "S" company, and provided the above F with a total of KRW 200,000,000,000 per vessel as requested by us."

On February 14, 2013, the Defendant issued KRW 20 million in cash to the said F in return for determining the price of the said sub-sumed set and concluding a supply contract at the E office located in Chungcheongnam-si, Chungcheongnam-do, Kim Jong-si, and around March 4, 2013, issued KRW 30 million in cash to the said F in the same purport from the mutual influence house located in the Chang-gu, Chang-gu, Changwon-si, Changwon-si, Seoul, and around March 4, 2013.

As a result, the Defendant provided KRW 50 million with illegal solicitation in relation to the F’s duties to handle another’s business.

Defendant B served as the Vice Minister of Business and the head of business in E from the beginning of October 2006 to September 2009. Defendant B operated the Co., Ltd. (hereinafter referred to as “G”) between October 7, 2009 to December 201. From May 2012, 2012 to the end, Defendant C is a person who operates the Co., Ltd. (hereinafter referred to as “H”) which is a supplier of steel scrap goods. Defendant C is a representative director in the name of H and is involved in its operation on the grounds of investment, etc.

1. Joint criminal conduct by Defendant A and Defendant B

Defendant B, around early 2009, proposed that Defendant A enter the gas pipe supply contract between H5907 and D, “In order to enter into the oil refineries supply contract between H5907, Defendant B and the J in charge of the above supply case shall be given a total of KRW 100 million. In that case, Defendant A conspired to provide money and valuables to the Vice-Head of the D Steel Group I and the Director J, respectively.

Accordingly, Defendant B received an illegal solicitation from the above to the effect that “I will cover KRW 100,000,000,000,000,000,000 from the E office located in the Don-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to return four of the above check immediately thereafter, and thereafter, Defendant B issued two of the above check with an illegal solicitation to the effect that “I will supply a large amount of gas pipes.” As a result, the Defendants conspired to perform another’s business and deliver it to the J as well as 600,000 won.

2. Defendant B’s sole criminal conduct

At the end of 2009, the Defendant: (a) made an illegal solicitation to the effect that “In the face of allocating the gas pipe volume of the three kinds of L to E, the Defendant would have to receive a sub-subcontract from E; (b) on one occasion, he made an illegal solicitation to the effect that she will have an amount of KRW 20 million per unit; and (c) on March 2010, upon the supply of the above gas pipe, issued KRW 60 million in cash to the J at the home of the said J’s office. Accordingly, the Defendant granted KRW 60 million as well as an illegal solicitation with respect to the duties of the J which handle another’s business.

3. Joint criminal conduct by Defendant B and Defendant C

In around the end of 2012, the Defendants: (a) proposed that “In order to receive a delivery of the P3031 to 3034 line, the Defendant should give a case to F, a person in charge of the management,” and conspired to offer money and valuables to F, from H T T T T T T T T T T T TF’s representative.

As a result, Defendant B had the above K make an illegal solicitation to the effect that “I would like to fix the price of brochuress entered in H3031 to 3034” to the above F, Defendant B ordered the above F to supply the said brochuress as desired by the Defendants, according to the aforementioned prior agreement, and Defendant C issued cash of KRW 10 million to the above F in front of the H-ro located in the Gangseo-gu Busan Metropolitan City Green Mountain Complex on February 2013, and KRW 10 million in cash on April 2013 at the front of the Phorae hotel located in the Busan Metropolitan City Seo-gu, Busan Metropolitan City on April 2013, respectively.

As a result, the Defendants conspired to give KRW 20 million, along with an illegal solicitation, with respect to the F’s duty to handle another’s business.

The defendant AJ, from April 1, 2009 to March 22, 2013, works as the deputy head of the steel management team of D Materials Management Team, and has been in charge of the purchase order and the allocation of quantity for the aforementioned "catch", "catch", "gas pipe", and "container patch" among steel patching materials.

1. Grant of KRW 28 million on November 3, 2008;

On November 3, 2008, the Defendant issued a letter of KRW 28 million check at the office of the Defendant located in the Dondong-ri, Kim Jong-dong, Don-ri, Kim Jong-dong, with an illegal solicitation to the effect that “The Defendant shall deliver a large number of 1 million won of the check to the said J”. Accordingly, the Defendant provided KRW 28 million along with an illegal solicitation with regard to the duties of the J in dealing with another’s affairs.

2. Grant of KRW 20 million to patrolmen on June 2009.

On June 2009, the Defendant issued two copies of the KRW 10 million check to the above Defendant’s office, upon making an illegal solicitation to the effect that “The Defendant shall force the above J to deliver a large number of panty sets and to deliver a gas pipe.” Accordingly, the Defendant provided KRW 20 million as well as an illegal solicitation with regard to the duties of the J which deals with another’s business.

3. Granting 50 million won to patrolmen on February 2, 2010.

On February 25, 2010, the Defendant sent KRW 50 million in total to a national bank account in the name of L, which is a borrowed-name account used by J on February 25, 2010, respectively, to the above Defendant’s office.

As a result, the defendant provided 50 million won with illegal solicitation in relation to the duties of the JJ dealing with others' affairs.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect by the prosecution of F, J, and I;

Application of Statutes

1. Article applicable to criminal facts;

Article 357(2) and (1) of the Criminal Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act with respect to Defendant A and B, and the choice of fines with respect to Defendant C

1. Aggravation for concurrent crimes (Defendant A and B);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution (Defendant A and B);

Article 62(1) of the Criminal Act (Consideration, including the fact that he/she is going against confinement period)

It is so decided as per Disposition for the above reasons.