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(영문) 울산지방법원 2013.03.22 2012노766
배임증재
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the case by the defendant, the sentence imposed by the court below (two years of suspended sentence in August) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too unfasible and unreasonable.

2. The judgment of the Defendant, as the representative director of the Korea Power and Atomic Energy Co., Ltd. (hereinafter “Korea Power and Energy”), has enjoyed benefits from the provision of supply contracts by increasing the amount of unlawful money to the employees of the Korea Power and providing them with business convenience. The crime is not limited to infringing on the purchase and fairness of the work of the Korea Power and the public corporation, and it may cause the failure of products to pay more than the amount of profits during the process of supplying them, or undermining the desire to develop the products through competition among the companies, thereby causing serious danger to the safety of the nuclear power plant. It is difficult to readily conclude that a large and small disorder occurred in the recent nuclear power plant did not result in a series of illegal acts by the employees of the Korea Power and the Korea Power Resource Co., Ltd. (hereinafter “Korea Power and Energy”), and thus, it is difficult to readily conclude that the Defendant was punished for the safety of the nuclear power plant, including the fact that the Defendant was sentenced to a fine of KRW 50,000,00,000,00 for the Defendant.

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