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(영문) 서울중앙지방법원 2015.11.05 2015고합367
배임수재
Text

Defendant

A Imprisonment of two years and six months, and Defendant B shall be punished by imprisonment of one year.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is a managing director in charge of L Civil and Environmental Project Headquarters's business, and is a person in charge of the duties such as selecting a subcontractor for construction works contracted in L by the Korea Rural Community Corporation.

Defendant

B as a pre-service in charge of the operation of theO, a person who contacts related persons who have the authority to select a subcontractor on the side of the contractor and conducts business for the contracting owner.

1. On April 2010, Defendant A acquired KRW 100 million in cash from B in five times from the above date to March 2011, as indicated in the List of Crimes (1) in the annexed Table, in the street near the Korea Land and Housing Corporation located in 175, Seongdong-gu, Chungcheongnam-gu, Sungnam-si, 175, “O to receive a subcontract for N dredging and Saturdays” in return for an illegal solicitation, and acquired KRW 100 million in cash from B.

2. Defendant B

A. From April 2010, the Defendant issued KRW 100 million in cash to A five times from the above date to March 2011, as indicated in the List of Crimes (2) in attached Form 175, at the street near the Korea Land and Housing Corporation located in 175, Seongdong-gu, Seongbuk-gu, Sungnam-si, Seoul Special Metropolitan City (hereinafter referred to as the “Korea Land and Housing Corporation”).

B. On August 201, 201, the Defendant in breach of trust against P is deemed to have corrected and recognized the date and time of the crime according to the judgment on P submitted by the prosecutor as reference materials among the second interrogation protocol of Defendant B by the prosecution around August 28, 201, which was submitted by the prosecutor as reference materials on October 28, 2015.

In response to the illegal solicitation that L business P in charge of "R construction" promoted by L in the street around the L Building in Incheon Q, including the above construction, may request P to entrust P with the subcontracted construction of the construction to be L in the future, and in return, the cash KRW 100 million is paid to P.

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