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(영문) 부산지방법원 동부지원 2014.01.17 2013고합154

배임수재

Text

Defendant

A Imprisonment with prison labor of three and half years, and Defendant B shall be punished by imprisonment with prison labor of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

From December 29, 2006 to March 27, 2008, A, while serving as the head office G head office of the Korea hydroelectric Power Co., Ltd. (hereinafter referred to as the “Korea Atomic Power Co., Ltd.”), has overall control over the establishment of business plans, construction guidance, supervision, and comprehensive business management, etc. of the power plant. From December 24, 2008 to January 30, 2010, A was serving as the head office of the Han Power Institute (the head office) and has overall control over the operation, safety management, etc. of each nuclear power plant under the Han Institute.

Defendant

B as the representative director of J and K Co., Ltd. (hereinafter referred to as “K”) specializing in electricity and mooring, machinery and equipment construction, etc., from around 2003, the nuclear power plants and construction stations belonging to Korea-U.S. orchard have been awarded and implemented.

Defendants continued to maintain their friendship after they came to know of their supply relations at the time they worked at the Korea-U.S. head office in around 2003.

On the other hand, M Co., Ltd. (hereinafter “M”) operated by L is a supplier, such as a thermal power plant, maintenance services and auxiliary equipment of nuclear power plants, and Defendant A has been introducing L to receive maintenance services of a nuclear power plant from theO, which had been employed as the NConstruction Director, around June 2006.

1. Defendant A’s crime (a.m., the Defendant refers only to Defendant A)

A. A. Around January 2006, the Defendant invested KRW 150 million from P and purchased 250 million in the name of the Defendant’s golf set-off membership right located in the jun-si jun-si Masan-si. Since around January 2006, P demanded the Defendant to return the investment principal, etc.

On January 2009, the Defendant received an illegal solicitation and around that time, so that M can be registered as a service provider for the maintenance of nuclear power plant measurement and control facilities in Gangnam-gu Seoul.