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(영문) 춘천지방법원 원주지원 2015.05.27 2015고단281
배임수재
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

B From around May 9, 2010 to around May 9, 2010, as a person who worked as an agent in F (hereinafter “F”) and was ordered by LH Corporation around 2008 to work as an agent in the construction site of the “E Housing Site Development Project” that was ordered by F, and worked as an agent in the construction site of the “E Housing Site Development Project” that was ordered by F, and was in charge of the tender of various construction works and the selection of a subcontractor.

B When F was selected as a subcontractor for the execution of waterworks construction works in the housing site development project in the Staff F on 2008, B had the defendant selected as a subcontractor for the construction project, and had the defendant receive the price from the subcontractor for the construction project, B notified the defendant of the estimated price of the company which submitted a quotation, and the defendant collected the above estimated price by arranging the company which intended to receive the construction project, and by allowing the subcontractor to be selected as the subcontractor.

On October 208, the Defendant offered to the effect that, within the office of H Co., Ltd. (hereinafter “H”), located in Gangwon-gun G, Gangwon-do, the Defendant would select a subcontractor who will be responsible for water supply works, and that, in addition, the Defendant would have F receive an order for construction work because it is well aware of F’s officers and employees. Instead, the Defendant would pay an amount equivalent to 3% of the construction cost to F. The Defendant would receive an unjust solicitation with I’s consent to the effect that “the Defendant would pay the price if it would be selected as the subcontractor for water supply works.”

After that, B, around November 2008, notified the Defendant that “If two companies in Chuncheon have submitted a written estimate, the lower estimated price shall be KRW 830,000,000,000,000, and in order to obtain a successful tender, the Defendant shall make up for the amount below that amount.” The Defendant notified the I to the I that it should be submitted a written estimate equivalent to KRW 810,000,000,000,000.

The defendant, on December 2008, raises I from H to the firstman on December 2008.

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