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(영문) 대전지방법원 2017.05.17 2017고단775
배임수재
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from March 2013 to March 2013, served as a vice head in the civil engineering division of D Co., Ltd. for the purpose of building construction business, real estate development business, etc., and is a person in charge of the subcontractor’s process and the ability management business, the settlement business, the quality control business, etc. at the site of apartment construction of Heung Construction Co., Ltd.

On November 5, 2013, the Defendant, at the parking lot of the construction site of the F block G apartment site located in Sejong-si on November 5, 2013, has undertaken installation works, etc. of mountain walls during subcontracted construction works.

H At the request of the representative director I to the effect that “in managing the subcontracted construction site, such as the installation of mountain walls, it would be difficult to see the process and quality control, etc.”, he received a letter bag containing four million won in cash on the job.

The Defendant, as such, obtained KRW 4 million from the time to February 6, 2016, in exchange for an unlawful solicitation with respect to another person’s business, from that time, from that time, the Defendant acquired KRW 39 million in total in exchange for an unlawful solicitation from I on 11 occasions, such as the content of the daily list of crimes, from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J or I;

1. A report on internal investigation (the details of resolution on division of accounts and disbursement of basic industry construction);

1. Investigation report (the attachment of a document verifying the suspect's employment);

1. An investigation report (verification of details of transactions with I account of donor);

1. Investigative reports (Attachment of details of financial transactions submitted by suspects);

1. Application of Acts and subordinate statutes to investigative reports (a copy of the standard subcontract agreement of construction works);

1. Article 357(1) of the former Criminal Act (amended by Act No. 14178, May 29, 2016; hereinafter the same) and Article 357(1) of the same Act, the choice of imprisonment for a crime, and the choice of a sentence.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment);

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