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(영문) 울산지방법원 2013.11.22 2013고합192
배임수재
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

428,681,690 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Criminal facts

The Defendant, “2013 Man-Ma192”, while working as the head of the shipbuilding purchasing division in charge of the purchase of shipbuilding machinery from January 2001 to January 201, 201, the Defendant exercised the power to decide on the selection of the supplier of shipbuilding machinery while taking overall charge of the selection process of the supplier of shipbuilding machinery.

1. On May 2007, the Defendant requested G, the representative director of the FF, a corporation manufacturing and selling shipbuilding equipment, to “Gagebard, general merchant ships, etc., G and B, ESDS (Emegengency Syke, emergency stop system), SENSOR (general merchant lines pressure and temperature measurement center), REF (a device linking all of the freezing vessels) so that it can be supplied in a stable manner for the next 10 years without deprived of opportunities for bidding, and by registering it with the bid system,” and approved G to “I would pay money if I would do so.”

In order to receive the price for the selection of a business entity from G, the Defendant: (a) required G to prepare a notarial deed of the most false monetary loan contract as if G had the obligation of KRW 480 million to the Defendant; (b) received cash of KRW 1.7 million from G at the EI parking lot located in Ulsan-gu, Ulsan-gu, Ulsan-gu around June 2007; and (c) from that time until December 31, 2008, the Defendant received a total of KRW 163 million under the same name for 19 times as shown in attached Table (1).

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

2. On January 30, 2009, the Defendant received KRW 2.88 billion from G to receive money continuously from G to receive money under the pretext of giving up business selection as described above 1.30%.

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