2019 Highest 449 A. Breach of trust; B. Breach of trust

1. A. (a) Kim Jong-tae (Gai), 66-years, South and North Korea.

Seoul Residence

Reference domicile

2.b.(b) Yellow Representative, 60 years old, South, and industry;

Residential Ulsan

Reference domicile

3.(b) Kim Director (tentative name), 66-year living, South, and industry;

Residential Ulsan

Reference domicile

Correction (prosecution) and Park Jin-Jin (Public trial)

Law Firm Cheong, Attorney Kim Sang-hoon (for the defendant Kim Sang-hoon)

Law Firm Heavy, Attorney Lee In-bok and Kim

(For the representative of the defendant):

Law Firm ○○, Attorney Shin Jae-soo (for the defendant Kim Director)

April 23, 2020

[Defendant Kim Sang-hoon]

A defendant shall be punished by imprisonment with prison labor for ten months.

However, the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive. 24,696,000 won shall be collected from the defendant.

To order the provisional payment of the amount equivalent to the above additional collection charge.

【Defendant Yellow Representation】

Defendant B shall be punished by a fine of KRW 50 million. If the Defendant did not pay the said fine, the Defendant shall be confined to the head of the Nowon-gu for the period calculated by converting the amount of KRW 100,000 into one day.

압수 된 롤렉스 시계 1개(증 제54호)를 몰수한다. 위 벌금 에 상당한 금액의 가납을 명한다.

[Defendant Kim Jong-soo]

Defendant B shall be punished by a fine of five million won. If the Defendant does not pay the above fine, the Defendant B shall be confined to the head of the Nowon Station for the period converted by B/L into one day.

10 million won shall be additionally collected from the defendant.

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

Office of law history;

Defendant Kim Jong-Un is the regular manager of the facility management division of the headquarters from April 2014 to December 2017, 2017 (the supervisor of the facility management division), who takes charge of overall control over the tasks such as setting a bid price for various construction works ordered by the facility management team, machinery department, the entire system, and equipment department, etc.

On the other hand, as a collaborative company registered as a holding company in the dispute resolution committee, the Co., Ltd. has been awarded a contract by participating in various electronic bidding of construction works ordered by the main production and operation headquarters on the 000-day Co., Ltd., and Defendant Yellow Co., Ltd. is the representative director of the Co., Ltd. in the dispute resolution committee and Defendant Kim director.

1. Defendant Kim Sang-hoon

(a) Acceptance of property in breach of trust from a yellow representative;

around September 11, 2015, Defendant received entertainment, such as a total of 15,455,00 won, and a total of 16 times from that time to September 19, 2017, including that he received 10,000 won gift certificates from that time, together with an implied solicitation to change various conveniences in construction management and supervision, and in future construction orders, at a cafeteria located in the Nam-gu Busan Metropolitan City, Busan Metropolitan City. Accordingly, Defendant received 15,45,000 won in total, as shown in the attached list of crimes (1) from that time, from that time to September 19, 2017. In handling another’s affairs, Defendant received unjust solicitation in connection with his duties.

The property or property benefits have been acquired.

B. Breach of trust from Kim Director

around September 15, 2015, Defendant received entertainment, such as money and valuables 27,241,000 won, in total 24 times from that time to September 28, 2017, including offering entertainment, such as drinking and food, with an implied solicitation of 195,00 won for delivery of various convenience in the management and supervision of construction works carried out in the Jeju-gu Seoul Metropolitan City Island from Kim Director and in the future orders of construction in the future. As a result, Defendant received entertainment, such as money and valuables 27,241,000 won, in total, from that time to September 28, 2017, in total, from 24 times as shown in the List of Crimes (2) of the Attached Table. As a result, Defendant, while handling another’s affairs, received an unjust solicitation in relation to his duties.

The property or property benefits have been acquired.

2. The representative of the defendant yellow;

Defendant offered entertainment, such as money and valuables and entertainment equivalent to KRW 15,455,000 in total over 16 times from September 111, 2015 to September 19, 2017. Accordingly, Defendant offered unjust solicitation as to the duties of Gimchi, and offered property or financial benefits.

3. As indicated in paragraph (b) of Article 1, Defendant Kim Director offered entertainment, such as money, valuables, and entertainment equivalent to KRW 27,241,000, in total, 24 times from September 15, 2015 to September 28, 2017. Accordingly, Defendant Kim Jong-soo offered unjust solicitation and offered property or financial benefits.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Article 357(1) of the Criminal Act, the representative who is a representative of the defendant who is selected to imprisonment, and the Kim Director with respect to the facts of crime: Article 357(2) and (1) of the Criminal Act, and the selection of fines;

1. Aggravation of concurrent crimes;

Defendant Kim Sang-hoon: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Invitation in a workhouse;

Defendant Yellow and Kim Director: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant Kim Jong-Un: Article 62(1)1 of the Criminal Act; confiscation and additional collection

Defendant: Article 357(3) of the Criminal Act

1. Order of provisional payment;

Defendant: (a) Comprehensively taking account of all the factors of sentencing, including the circumstances leading to each of the instant offenses on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the degree of money and valuables provided and entertainment; and (c) the Defendants’ age, environment, family relationship, occupation, and post-crime circumstances, the sentence against the Defendants shall be determined as ordered.

Judges electrical interest

* Attached Form 1.