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(영문) 대구지방법원 2013.04.11 2012고단8750

배임수재

Text

A defendant shall be punished by imprisonment for not more than ten months.

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's status as a public corporation around November 1996, as the head of the department (class II) entered into D (former E), and served in the Seoul Metropolitan Area Reclamation Division, the Central Inspection Office, etc., and promoted to the head of the atmospheric environment headquarters (director) on November 2008. On January 1, 2010, the defendant retired from office on November 201, 201, while serving as the head of the Chungcheong Regional Headquarters, and thereafter, he/she served as the representative director of the F Co., Ltd.

2. On June 2009, the defendant, an executive officer of a public corporation, ordered the design evaluation score by ton (Turn-Key, design and package deal with design) method, and was selected as a design evaluation review committee member at around 06:00 on October 21, 2009 with respect to H re-construction and high-water purification facilities construction conducted by G consortiums, etc., the defendant was selected as a design evaluation committee member at around 18:00 on the same day. At that time, the design review document prepared by the contracting authority by 18:00 on October 21, 2009, the question of the technical committee, the answers of the tendering company, the design documents and related documents submitted by the tendering company, and the design deliberation was conducted after reviewing the design deliberation. Based on the design planning, construction, maintenance, management, economic feasibility, environmental impact, etc., the defendant submitted the design evaluation score by each tendering company, and submitted the design evaluation committee's design evaluation score to the design evaluation committee.

Meanwhile, Articles 24(3) and 24-2 of the Construction Technology Management Act, the Enforcement Decree of the same Act, and the Ordinance of the Ministry of Land, Transport and Maritime Affairs, which are the directives of the State, local governments, and public corporations.