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(영문) 서울남부지방법원 2017.09.22 2016고정2250

배임증재

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 10,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B entered the Seoul Mapo-gu building E, 10 floors, and F with 11 floors around April 1, 1994, and was in charge of the business of selecting the construction company for the interior works from July 1, 2008 to June 30, 2012.

On May 2012, the Defendant was a member of the Committee on Evaluation of Proposals for the Selection of Architectural Business as a result of the foregoing Research Institute’s transfer, and there was a duty to select a construction business entity with at least two years’ work experience as a contractor through fair procedures.

Nevertheless, on May 2, 2012, the Defendant received a request from the representative director of the Seoul Mapo-gu, to select the said researcher as a constructor in relation to the selection of the construction company in the said researcher’s interior restaurant via the head of the said company office H, and entered into a contract for the selection of the constructor in accordance with A’s request on June 11, 2012. On June 22, 2012, the Defendant received from A the total amount of KRW 10 million from the roads adjacent to the Seoul Mapo-do Net branch, which around 10:30 on July 4, 2012, KRW 13 million,000,000 from the roads adjacent to the Seoul Mapo-gu, Seoul metropolitan branch office, around 10:30 on the same place, around 10:40 on August 24, 2012, KRW 700,300,000,000 around the building in Mapo-gu, Seoul.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

2. Defendant A is the representative director of the G.S. Construction Business Co., Ltd.

A. On May 2012, the Defendant made a solicitation to the same purport as that set forth in paragraph (1) from a non-displacement restaurant located in Mapo-gu Seoul, Mapo-gu and concluded a construction contract in accordance with the content as of June 11, 2012. On June 22, 2012, around 11:00, the Defendant granted a reward amounting to KRW 10 million on the side of the road adjacent to the Seoul Mado Mado Mado Mado, Seoul, and KRW 13 million on July 4, 2012 at the same place around 10:30,000 and August 14:00 on August 24, 2012, through H around the road adjacent to the Mapo-gu Seoul building.

B. The Defendant on June 2012