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(영문) 인천지방법원 2018.04.27 2018고합37
배임수재등
Text

1. Defendant A shall be punished by imprisonment for two years.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendants' exercise of their right to defense, part of the facts charged was appropriately revised.

On December 12, 2017, Defendant B sentenced Defendant B to imprisonment with labor for a violation of the Narcotics Control Act at the Gwangju District Court on February 20, 2018, and the said judgment became final and conclusive on February 20, 2018.

[Criminal facts]

1. From July 31, 2014 to October 31, 2016, Defendant A worked as a contracting agent for a construction project on the surface of water in Yeonsu-gu Incheon Metropolitan Government (hereinafter “S”) and worked as a contracting agent for a construction project on the surface of water in Yeonsu-gu, Incheon (hereinafter “S”), whether he loaded earth and sand with earth and sand suitable for reclamation, and whether he/she was a vehicle loaded with earth and sand at the pre-approved construction site suitable for reclamation.

A. On December 02, 2015, from around 08:02 to January 12:43, 2016, the Defendant promised that he will pass a dump truck by passing it through a dump truck, and that he received KRW 9,189,000 in total from the above F to the account in the name of wife U or V in the name of the co-owned waters reclamation project, as seen above, to handle S’s earth and sand tallying business, and to bring in the soil and sand on the construction site not approved by the representative F of the Earth Transport Business Group, upon receiving an unlawful solicitation as to his duties.

(2) On December 16, 2015, from around 12:34 to May 10:23, 2016, the Defendant handled S’s earth and sand inspection work at the same place as “A” in Article 1’s “(1).” The Defendant received an illegal solicitation for the duties, such as “A(1)” in Article 1’s “W” from the representative E, and received KRW 32,270,000 in total eight times as shown in the list of crimes in attached Table 1(2).

(3) On December 17, 2015, the Defendant around 17:35 and around 1-5.

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