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(영문) 부산지방법원 동부지원 2015.10.16 2015고합87

배임수재등

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

1. The Defendant is a person in charge of management of the facilities of C Co., Ltd. (D Co., Ltd.) established by Busan Metropolitan City from September 2012 to January 2015, who held 48% of shares as the head of the facility management team of C Co., Ltd. (D Co., Ltd. before January 2013). The Defendant is a person in charge of overall management of the courses, management of the facilities, overall management of the facilities, and various construction contracts and construction supervision related thereto.

Around January 2014, the Defendant promised to receive approximately 5% of the construction cost in return for receiving orders from the I operating the “H” located in Yangsan-si to receive the said construction in the process of ordering the construction of tree transplantation in the above golf course course. On January 29, 2014, the Defendant appears to have written indictment of KRW 1,500,000 in return for receiving orders from the said construction in the near of the F Facility Management Team office.

A delivery, etc. received KRW 6.1 million in total from I in the same manner from January 29, 2014 to May 1, 2014.

In addition, from September 20, 2012 to September 6, 2014, the Defendant received total of KRW 47,300,000 from the representative of the company in total 39 times, in return for receiving construction works from a specific construction enterprise, such as H, J, K, L, M, N,O, P, and Q in relation to various construction contracts within the F golf course, as described in attached Table 1.

As a result, the Defendant received property in exchange for an illegal solicitation in relation to his duties.

2. In order to receive money from a construction company, as described in Paragraph 1, the Defendant was unable to prepare a written estimate for a certain project company in relation to the “FIs formation and planting work” around April 2014, while creating a false estimate for a certain project company through a private contract with a certain project company in order to conceal it. The Defendant himself/herself does not prepare a written estimate for a project company.