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(영문) 수원지방법원 안산지원 2016.02.16 2015고단1346

배임수재

Text

Defendant

A Imprisonment with prison labor for one year, with prison labor for 10 months and for 2-B of the decision of the defendant B.

Reasons

Punishment of the crime

Defendant A, from June 1, 2010 to June 1, 2010, worked as the head of the Gyeonggi branch office of the automobile automation facility company (state) and had been in charge of ordering subcontracting, supervising subcontracted construction, and executing subcontracting. Defendant B, from September 2008 to November 201, was working as the head of the headquarters in charge of automobile assembly and inspection facilities and manufacturing management.

The above A subcontracted the construction of the automobile assembly and inspection equipment worth KRW 4.55 billion to F operated by the above B on seven occasions from September 13, 2010 to July 27, 2011.

Criminal facts

1. On June 30, 2010, Defendant A received delivery of KRW 10 million upon receipt of a request from the above B to the effect that “The Defendant may receive subcontracting from the said B (State)” and “The Defendant paid the subcontract price in advance during the process of the subsequent subcontract construction, etc.” at a place where it is difficult to identify the place of light.

As a result, the Defendant received an unjust solicitation regarding his duties and received a total of KRW 93 million from June 30, 201 to August 12, 201, including the acquisition of KRW 10 million in receipt of an illegal solicitation as to his duties, upon receiving an unjust solicitation regarding his duties, from June 30, 2010 to August 12, 201.

2. On November 23, 2012, Defendant B sentenced Defendant B to imprisonment with prison labor for a violation of the Labor Standards Act at the Suwon Methods Board on the grounds of a violation of the Labor Standards Act, and the judgment became final and conclusive on January 24, 2013.

A. From June 30, 2010 to August 12, 2011, the Defendant made an illegal solicitation to A over 11 times, as in the foregoing paragraph 1, and offered a total of KRW 93 million.

B. On January 24, 2014, the Defendant was at the public service offices of the Busan District Public Prosecutor's Office, and the fact is that the Defendant provided money and valuables on the pretext of solicitation as above, but the Defendant was subject to criminal punishment. The Defendant did not have the intent or ability to repay the money and valuables, and on June 30, 2010 for the purpose of having A be subject to criminal punishment.