2013Gohap328, 2014Gohap46 (Joint) Misappropriation

A person shall be appointed.

Hoho Promotion, Hen (Public Prosecution) and Henhee (Public Trial)

Law Firm Maduk, Attorney Lee Chang-soo

April 25, 2014

A defendant shall be punished by imprisonment for not less than one year and six months.

536, 742,00 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Criminal facts

[2013Gohap328]

The defendant is a corporation B (hereinafter referred to as "B") which takes charge of the design of the electric control device as the power generator and the chief of the electric system headquarters.

On July 2009, the Defendant received KRW 10 million in total from C Engineering Representative D, which is a supplier, such as light-off machines and protective electricity, to the effect that “it can be supplied with the protective electricity of EB (AB) company that our company imports and supplies.” The Defendant received KRW 4 million with the illegal solicitation, and received KRW 10 million in total from around 2012 and KRW 5 million in spring around 2013, and received KRW 19 million in total from the supply company’s representative from around January 14, 2008 to around January 2013, and received KRW 960 million in total from the supply company’s representative from around 4, 2013, as described in the attached list of crimes (1).

As a result, the Defendant acquired KRW 299,1960,00 (200,000 won) in response to an illegal solicitation in connection with his/her duties

From January 1, 1989, the Defendant was in charge of the business of setting the specifications and unit price of the material that constitutes the power generator in the reelectric system headquarters B from around January 1, 1989 to reflect it in the design.

On the other hand, E is a person who operates the F Engineering, which is a power generator or repair company in the Sigsan-dong, and G is a person who operates the engine power generator or parts manufacturing business in the Sincheon-gu, Seocheon-si, which is a power generator in the Sinsan-gun, and he is a person who operates the J (State) who is a power generator in the Ulsan-gun, a mother control team and an electrical team manufacturing business entity in the Ulsan-gun, and K is a person who operates L, which is a vessel's mother in the Gangseo-gu, Busan-gu, and a power distribution team, power generator, power generator, power generator assembly and manufacturer in the Jeonnam-gu.

(a) Property in breach of trust from E;

At around March 2011, the Defendant received KRW 90,00,000 from E to May 10, 2013, the Defendant received KRW 9,400,000,00 in total nine times in total, as indicated in the List of Crimes (2) No. 1 to 9, as shown in the List of Crimes (2) No. 1, 2013, from B office located in Ulsan-gu Jeondong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu to purchase and supply cable lines and other materials necessary for the installation of power generators to B.

As a result, the Defendant acquired the above property in exchange for an illegal solicitation in relation to his duties.

(b) Property in breach of trust from G;

At around November 2009, the Defendant received KRW 8,30,000 from G to Dongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to supply “The Defendant received KRW 8,30,000 from the Defendant’s modern securities account under the Defendant’s name around November 12, 2009, and received KRW 3,02,000,000,000 from August 30, 2013, together with the aforementioned unlawful solicitation, as described in Nos. 10 and 16,000,00 won.

As a result, the Defendant acquired the above property in exchange for an illegal solicitation in relation to his duties.

(c) Property in breach of trust from I;

The Defendant, at around January 27, 2012, at the B office located in Ulsan-gu Jeondong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to supply the control team and board for the development of our company. “On January 27, 2012, the Defendant was transferred KRW 23.4 million to the Defendant’

As a result, the Defendant acquired the above property in exchange for an illegal solicitation in relation to his duties.

(d) Property in breach of trust from K;

At around May 2012, the Defendant received 30 million won from that time from that time to July 18, 2012, the sum of 40 to 17 through 19, as shown in the List of Offenses (2) No. 17 to 19, the Defendant received from K to that of the Defendant’s national bank account in the name of P, which is the Defendant’s borrowed account, in return for the illegal solicitation of the Defendant.

As a result, the Defendant acquired the above property in exchange for an illegal solicitation in relation to his duties.

(e) Property in breach of trust from M;

On September 29, 2009, the Defendant received KRW 50,000,00 from that time until August 29, 2013, a total of 16 times, as indicated in the [Attachment] No. 20 to No. 35, including the transfer of KRW 2,00,00 to the Modern Securities Book in the name of the Defendant, by informing the Defendant of inside information, such as the budget for each project, and reflecting it in the snow. The Defendant received KRW 7,100,000 in total, from around September 15, 2009 to around August 29, 2013.

As a result, the Defendant acquired the above property in exchange for an illegal solicitation in relation to his duties.

Summary of Evidence

1. Statement of the accused in the first trial record (2013Gohap328), and the accused's legal statement (2014);

Gohap 46

1. Each prosecutor's interrogation protocol on D, Q, R, S, K, I, G, and E;

1. Written statements;

1. Each report on investigation;

1. As a result of tracking C Engineering Check, (State) details of C Engineering Cash Shipments, Defendant National Bank, present:

Ministry of Foreign Affairs and Trade, Ministry of Foreign Affairs and Trade, Ministry of Foreign Affairs and Trade, Ministry of Foreign Affairs and Trade, Ministry of Foreign Affairs and Trade, Ministry of Foreign Affairs and Trade, Ministry of Foreign Affairs and Trade, Ministry of Foreign Affairs and Trade

(1) The details of the basis received, the personnel records of the defendant, the organization of the reelectric design division, and the name account of the defendant (0 persons)

(1) Each of the particulars deposited in the name of QR 00 ST in Section B, the entire account of the 0th National Bank; and

The details of deposits in the above account, the entire details of transactions in the accounts of the Agricultural Cooperatives and the details of deposits in the above account, and the resources of deposits.

Results table, financial institution response documents

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 357(1) of each Criminal Code (in all cases, choice of imprisonment with prison labor);

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

(2) If the person commits concurrent crimes with the penalty prescribed in the crime of misappropriation receiving the penalty, the penalty shall be imposed

1. Additional collection:

The latter part of Article 357(3) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The defendant, from 208 to 536, 742, 00 won from the nine representatives of the company, received large amounts of money from 536, 742, and 00 won, from the account in the name of the defendant to the account in the name of a third party in addition to the defendant's account by flood, the defendant can not be presented for the reason that the money and valuables are in return for illegal solicitation under the overall transparency of our society merely because it is an industry practice. The supply-related affairs are not in violation of the fairness and integrity of business administration and the establishment of fair market order, and thereby, it is not in violation of the national competitiveness such as the enhancement of the national competitiveness, and the defendant has no penalty heavier than the suspension of qualification, and since the defendant's child was in need of continuous administration of urology, the circumstances and circumstances of the defendant's criminal records, the motive and condition of the criminal act, and other favorable circumstances, such as the defendant's criminal records, the criminal records, the circumstances, and the motive and condition of the criminal act, etc.

Justices Kim Jong-soo

Judges Appellateization

Judges Kim Young-young