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(영문) 서울중앙지방법원 2015.01.29 2014고합1346

배임수재

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

The Defendant served as the head of the public service team of F Co., Ltd. (hereinafter referred to as “F”), the contractor of E (hereinafter referred to as “E”) from June 24, 2009, and has been engaged in the work of claiming progress payment, cost management, selection and recommendation of subcontractors, the selection and recommendation of a working group directly operated, the selection of and recommendation for a working group directly operated by the subcontractor and the working group directly operated by the subcontractor.

Around July 3, 2012, the Defendant received an illegal solicitation from the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, to be directly selected as a working group under the direct management from H of the representative of the G company, and received a cash of KRW 20 million in its name.

In addition, from around that time to March 30, 2014, the Defendant was issued a total of KRW 98 million over six times in consideration of the fact that the Defendant was selected as a working group directly operated by H as set out in [Attachment Table Nos. 2 to 4, 6, and 8] and that the Defendant may work as a working group directly operated by H.

As a result, the defendant acquired property or financial benefits in return for an illegal solicitation in relation to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of H by the prosecution;

1. Application of each Act or subordinate statute entered in a personnel record card, etc. (Evidence List No. 21), a business registration certificate, etc. (Evidence List No. 25);

1. Article 357 (1) of the Criminal Act applicable to the relevant criminal facts and Article 357 (1) of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under the latter part of Article 357 (3) of the Criminal Act; and

1. Application of the sentencing criteria [Scope of Recommendation] Reduction (10 months to 10 million won) in the area of mitigation (10 months to 2 years) in the area of reduction (10 months to 100 million won) of category 3 (40 million won to 50 million won) in breach of trust and violation of trust (10 million won to 50 million won): Reduction of punishment for a victim (a person who has requested the management of affairs): Reduction of punishment for a victim (a person who has requested the management of affairs): In a case where there is a high relevance of affairs (based on suspension of