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(영문) 대구지방법원 2018.02.22 2017고단6719
배임수재등
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

1. From January 1, 1997 to February 9, 2017, the Defendant was in office as a class 6 machinery vice head from the strategic planning headquarters technology management team in the victim B corporation. From January 2015, the Defendant was engaged in the business of managing and supervising electricity at the construction site of old-si C apartment construction, machinery and equipment distribution construction performed by the victim company from January 2015.

On September 2015, the Defendant made a proposal to the effect that, at the construction site of the 2015 construction site, the Defendant would consider the convenience of the progress of the construction work if he pays the consideration to the vice president E of the KCAD, who is a subordinate company that supplies air condition pipe construction, options construction, air conditioner, etc. to the apartment complex, and demanded the KCAD to request for the amount of money under the name of the shop-based excessive expense that is not necessary to be paid by the KCAD, and E would make an illegal solicitation to the effect that, while making an illegal solicitation to the effect that, in managing and supervising the construction work performed by the KCAD, E would be given for convenience, such as implied defects in the management and supervision of the construction work performed by the KCAD.

The commitment was undertaken.

Accordingly, on September 23, 2015, the Defendant demanded that E deposit in the name of “F bank account in the name of “F” be made, and the Defendant received KRW 5 million from the Daegu bank account in the name of “F” around the 24th day of the same month, and demanded that E deposit in the name of “G” account in the name of “G” around May 26, 2016, and received KRW 5 million from the Daegu bank account in the name of “G.”

Accordingly, the defendant acquired property benefits by receiving a total of KRW 10 million in return for illegal solicitation in relation to his/her duties as a person who administers the affairs of the victim company.

2. No person who violates the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds shall disguise the acquisition or disposition of criminal proceeds;

Nevertheless, when acquiring criminal proceeds as stated in paragraph 1, the Defendant received KRW 5 million from the Daegu Bank Account (I) in the name of the H company representative F on September 24, 2015, and received KRW 5 million from the Daegu Bank Account (J) in around May 26, 2016.

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