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(영문) 대구지방법원 2015.02.12 2014고단4285
배임증재
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

1. The presumption fact-finding E works as a construction site manager of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the racing-proof waste disposal facility from July 2007, and is a person in charge of overall management of the construction site of the subcontractor, such as the construction of the construction site, the LAB, the LAB, the LAB, the LAB, the LAB, the KAB and the LAB, and the

2. Criminal facts;

A. E and the Defendant’s occupational duties are the field director of the construction for the racing radioactive waste treatment facilities, which the Korea Atomic Energy Agency orders and (State) the F performed by the Korea Atomic Energy Agency, who takes overall charge of the field work of subcontracted companies, such as construction, safety, design change, modification of the contract, and payment of progress payment, and has a duty to fairly manage and supervise them and to be provided with any form of monetary benefits from subcontractors and other business-related persons, such as subcontractors.

Nevertheless, the above E may exercise its de facto influence on the subcontractor’s headquarters or the Korea Environment and Nuclear Agency, the main office or the ordering office of the subcontractor for the payment of the progress payment for the subcontractor and the reflection of the modification of the design for the additional construction works of the subcontractor. The subcontractor used his subordinate position and used to deal with other’s business and received money and valuables in exchange for illegal solicitation in relation to his duties. The Defendant, as the representative director of the subcontractor related to the above construction works, was willing to offer money and valuables in response to the above E’s illegal solicitation.

B. After receiving a subcontract for the above radioactive waste construction work, the Defendant offered money and valuables to E, requesting the above E to provide that “The actual construction cost is added to the amount of the construction originally contracted as variables such as geological and water, etc. during construction, and it is necessary to execute the progress payment early and pay the amount of the advance payment,” and (i) around October 2009 (F.m., 2-3 on the 2-3-3-2-3-2-3-2009.

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