2013Gohap352 Misappropriation

A person shall be appointed.

Henhee (Public Prosecution, Public Trial)

Attorney Lee Han-ro

February 19, 2014

A defendant shall be punished by imprisonment for not less than one year and six months.

230,000,000 won shall be additionally collected from the defendant.

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

Criminal facts

The defendant is a person who was the team leader of the maritime project division B (hereinafter referred to as "B") before the maritime project division. The defendant works as the chief of the maritime basic design team from February 2, 2008 to April 201, and is in charge of the management and supervision of the whole design, including the decision of electric power and power distribution materials to be installed on the ship, while serving as the chief of the maritime basic design team among them.

The Defendant, who was awarded in around July 18, 2008 at Russia, is a mark in relation to the Korea Coastal Sea Corporation.

D Co., Ltd., participating in the supply tender of land, etc. as a broker of French Cr., to be selected as a supplier, and received KRW 30 million from the Defendant’s account in the name of his wife, from the time until October 26, 2009, a total of KRW 230 million was transferred from 10,000 to 10,000,000,000,000,000 from D Co., Ltd.’s representative E, which participated in the supply tender of land, etc., as indicated in the attached list of crimes.

As a result, the defendant, who is in charge of another person's business, acquired property equivalent to the same amount in return for illegal solicitation.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspects E by the prosecution;

1. Each report on investigation;

1. Details of transfers in foreign currency, such as the table of each bank, details of accounts, etc., orders received, orders, the current status of orders, etc.;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 357(1)(b) of the Criminal Act, the choice of imprisonment

1. Additional collection:

The latter part of Article 357(3) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The crime of this case is committed by the defendant as the head of the headquarters of B marine basic design team from February 2, 2008 to April 2010, and is in charge of managing and supervising the whole design body including the decision on electrical power and power distribution materials installed in the ship, and it is not easy to accept money and valuables from the supplier company upon receiving a request from the supplier company to be selected as the supplier. The total amount of the money and valuables collected by the defendant reaches KRW 230 million. The defendant seems to actively demand money and valuables, and the defendant is relatively faithful to performing his duties since he entered B around 1993; the defendant is performing his duty in good faith; the defendant is the primary offender; the social relative relationship of the defendant; the defendant's misconduct against the defendant's mistake; other favorable circumstances, such as the defendant's age, character and behavior; the motive, circumstances, etc. of the crime before and after the crime; and all the circumstances prescribed by the sentence such as the order of punishment, etc.

Justices Kim Dong-young

Judges Kim Jong-jin

Judges Sung-man