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(영문) 대구지방법원 2015.05.14 2015고단303
배임수재
Text

A defendant shall be punished by imprisonment for six 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

around March 16, 1987, the Defendant joined the Korea Heavy Industries (U.S.) as a member of the Team C on March 201, 201, and promoted to the Vice Minister on June 20, 201. From around 1997 to December 20, 201, the Defendant served in the two Heavy Industries (U.S.) D Team, and from January 2013 to December 201, the Defendant served in the two Heavy Industries (U.S.) E team.

On November 201, 201, the Defendant received KRW 10 million, in exchange for an illegal solicitation in relation to the provision of convenience and the maintenance of continuous transactional relationship, from H business directors I, in the G cafeteria located in Sungwon-si, Changwon-si, the Defendant received KRW 10 million from the Defendant, in relation to the supply-related business relationship, such as “lest he will be subject to any management related to any management related to the cable train supply in Egypt Insium or the chemical power plant construction.”

Summary of Evidence

1. Legal statement of a witness I;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution (including the I's statement);

1. Statement of suspect interrogation concerning I by the prosecution (record 119-1128 pages);

1. A copy of the protocol of prosecutorial statement concerning J 2 and 3 times;

1. A copy of the second prosecutorial statement concerning K;

1. Copy of accounting books;

1. Details of financial transactions (1084 pages of investigation records);

1. A copy of a written estimate or a copy of an order;

1. The following search instruction and interview printed materials (the defendant asserts that there is no fact that he received money as stated in the judgment of the court below, but considering the consistent statement of the witness I, the statement of the J, and the statement of the K prosecutor's office, the copy of the accounting account book, the financial transaction statement, etc., it is sufficiently recognized that the defendant received money as stated in the judgment of the court below.) in regard to the crime of accepting property in breach of trust under Article 357 (1) of the Criminal Act, the "illegal solicitation" refers to that the solicitation goes against social norms and the principle of trust and good faith. In determining this, the contents of the solicitation, the amount and form of the property delivered or given in relation thereto, the integrity of the administrator of the affairs who is the legal interest protected by the law, etc. must be comprehensively examined, and

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