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(영문) 서울중앙지방법원 2017.03.23 2016고합1203
배임수재
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

1.0 billion won shall be additionally collected from the defendant.

(b) the defendant;

Reasons

Punishment of the crime

1. The Defendant was working for H, I, and J Co., Ltd. (hereinafter “J”) operated by Dong Jae from around 2001 to May 23, 2009. On February 23, 2006, the L Co., Ltd. (L Co., Ltd.) as its subsidiary company (L Co., Ltd.) was changed to M Co., Ltd. on March 23, 2007, respectively.

As a general contract between N (N) and J entered into a business transfer agreement, on March 30, 2006, J’s goodwill was transferred to N and on April 2006, G was appointed as N’s general management supervisor, the Defendant has been practically involved in N’s selection of subcontractor companies and conclusion of construction contracts.

In addition, the O served as the regular director of J from May 2003 to March 2006 and served as N from April 2006 to December 2008.

2. The Defendant was at the construction site of K-style Seoul, Jung-gu Pok Project site around March 2006 and received rebates from the companies related to N's subcontracting, etc.

Therefore, I suggested that the company should subcontract the construction work to G, and the O accepted the defendant's proposal and offered the subcontractor to receive money and valuables from the subcontractor company as compensation for the registration of the subcontractor, the subcontract and the payment of the construction cost.

Accordingly, on July 16, 2007, the Defendant received an illegal solicitation from Q Co., Ltd. (hereinafter “ Q”) from the former S who received the direction of the representative director R in the non-cafeteria cafeteria located in Gangnam-gu Seoul Samsungdong (hereinafter “N”), and on July 16, 2007, theO received KRW 80 million in cash from S in return for the said order from the first floor of the V hotel located in Songpa-gu Seoul, U on August 2007 after the contract for the subcontracted construction of the above machinery and equipment was concluded. The Defendant received KRW 80 million from S in return for the said order.

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