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(영문) 전주지방법원 남원지원 2016.04.26 2016고단28
배임수재등
Text

A defendant shall be punished by imprisonment for not less than eight months.

70,500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Basic Fact-finding] D (State) is a contractor awarded a contract for four sections (G) from E for the F Confirmation and Packing Corporation.

From April 2014, the Defendant served as the Vice Minister of Construction and Transportation (State) subcontracted 4 Section 1 to D, and from February 2, 2015, H performed construction work to 4 Section 1 and 2 sections from February 2015, the Defendant served as the Vice Minister of Construction and Transportation for 4 Section 1 and 2 sections. Since around June 2015, H was performing construction work for 4 Section 1 and 2 sections. Since around June 2015, the Defendant waived the said construction work and continued the said subcontracted work (State), the Defendant was serving as the Vice Minister of Construction and Transportation for 4 Section 1 and 2 sections, and was in charge of the overall on-site work, such as ordering the installation of construction equipment, manpower, and structures.

[Violation of trust] On May 2014, the Defendant: (a) at the site of F confirmation and packing works located in J in Nam-si, Nam-si; (b) at the site of the April 1, 2014, from K to September 2, 2015, the Defendant was granted KRW 4,500,000 per month an average of KRW 2,50,000 per month from July 201 to September 2015, and received from K to receive a total of KRW 4,80,000,000 from the end of every month, for the sake that he/she is able to eliminate other business operators at the above construction site and to continue to engage in work.

From the end of May 2014 to the beginning of December 2015, the Defendant received an illegal solicitation from P, a dump truck business entity, such as L, M, and structure installation leader, the head of a dump truck business entity, and the O and the Crewing business entity, as shown in attached Table 1, to exclude other business entities from the above construction site and to provide them with human resources and equipment on a preferential basis, and received 70,500,000 won in total on 49 occasions in return for the solicitation.

Accordingly, the defendant is handling another person's business.

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