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(영문) 울산지방법원 2013.11.15 2012고합532
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A and B shall be punished by imprisonment of five years, by imprisonment of two years and six months, and by imprisonment of six months, respectively.

Reasons

Criminal facts

Defendant A, the representative director of the Co., Ltd. (hereinafter referred to as “M”), Defendant B, the main vice president of M and the head of the Energy Business Headquarters, the head of management support headquarters, who was in charge of M’s development and business support such as budget, funds, accounts, etc.; Defendant C, the head of the department who was in charge of accounting in the re-major department under the management support headquarters of M; and N as the deputy head of the Energy Business Headquarters of M, who was in charge of the power generation business of M, the total amount of KRW 22.1 billion.1 billion.

1. Defendant A and B conspired with N to find out the bid price of P in advance by purchasing the executives in charge of P as money and goods in charge of P in order to receive the contract equivalent to 19 billion won of the contract price ordered by the Hyundai Heavy Industries Co., Ltd., in relation to the International Project for Development of Nuclear Convergence (ITER, International Research Institute, and International Open Convergence Test) which is an international project for development.

Therefore, on August 2010, the Defendants ordered N to contact P with the officer in charge of P, and around that time, N proposed that "P will give KRW 300 million to Q, a director of the electricity generation business in the coffee shop located in the Yongsan-gu, Changwon-si, Changwon-si, in accordance with the above order." However, the Defendants and Q would provide the amount to be provided to Q as KRW 300 million to the Defendants and Q, in advance, in accordance with the above order.

Accordingly, on August 2010, Defendant B issued KRW 50,000 in cash, along with N, to Q Q from the hotel located in the middle-gu Busan Metropolitan City, Busan Metropolitan City, with an illegal solicitation, and Defendant A issued KRW 250,000,000 in cash, to Q from the Chinese restaurant of the trade name, “S” located in Ulsan Metropolitan City, Ulsan Metropolitan City, with N, and issued KRW 250,000,000 in cash, which is the remaining amount.

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