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(영문) 부산지방법원 동부지원 2012.12.13 2012고정357
배임증재
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a D’s representative director who supplies machinery, such as raying, to a second power plant under the Korea Water and Atomic Energy Co., Ltd., and D is a person who has been placed in a continuous transaction with the above department, such as entering into a supply contract with the said department on September 11, 2008, such as 403,172,00 won ordered by the said department on May 7, 2008 in the technical maintenance management department of the second power plant at the High Atomic Energy Headquarters at the High Atomic Energy Headquarters at the second power plant at the same time, and he was placed in a supply contract with the said department, such as raying, which was ordered by the said department at the same time on September 11, 2008; E was assigned to the said department from August 8, 2006 to October 31, 208 as the head of the technical maintenance department of the High Atomic Energy Headquarters at the second power plant under the Korea Water and Nuclear Energy Headquarters at the same time as the head of the machinery team transferred from the machinery to the said department.

On November 6, 2008, the Defendant, along with an illegal solicitation, remitted 9 million won in the name of E to a new bank account (G) in the name of E in the future with an indication of audit of the above contract conclusion and an illegal solicitation to the effect that various conveniences in the future execution of the contract, as well as remitted 9 million won in the name of E from August 12, 2009 to a new bank account in the name of E, as shown in [Attachment Table No. 5-10] to August 12, 2009, remitted 29.3 million won in total to an account in the name of E and H.

Accordingly, the Defendant provided KRW 29,300,000 to E in return for such unlawful solicitation.

Summary of Evidence

1. Legal statement of witness E;

1. Each prosecutor's interrogation protocol concerning E;

1. The police statement and the suspect examination protocol of the defendant;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation and report on the transaction relations with companies that have paid money to the post office account of the E and the nuclear power plants); and the details of payment of classical typing with highly nuclear power;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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