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(영문) 서울남부지방법원 2012.09.28 2011고합526
배임수재
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 2009 to August 23, 201, the Defendant was in charge of designing and supervising electrical construction of large-unit housing sites at the Korea Electric Power Distribution Team from the Korea Electric Power Corporation to the Korea Electric Power Distribution Team.

On July 31, 2009, the Defendant demanded on July 31, 2009, J’s representative of the Korea Electric Power Corporation located in Yeongdeungpo-gu Seoul Metropolitan Government H to provide that “In charge of the design of the K Complex electrical construction, the installation work of the power distribution line (the amount of KRW 3.7 billion) is scheduled to be ordered under a private contract, and the Defendant received 50,000 won from J.

The Defendant, including that, from around that time to July 12, 2010, received money and entertainment equivalent to KRW 54,373,000 from J over a total of 21 occasions, as indicated in the column for the amount of money received in the annexed list of crimes.

Accordingly, the defendant acquired property or financial benefits in return for an illegal solicitation in relation to his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness L and J;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's interrogation protocol concerning J;

1. Each police interrogation protocol against the accused;

1. Each investigation report (data concerning payment for progress payment for MM works, details of transactions by J passbook, certificate of transfer, record-keeping);

1. Application of Acts and subordinate statutes to the work status data by employee, status of supervision of construction by individual, N Corporation, M Works Contract, Agreement, Agreement, and the publication to be submitted for commencement of construction;

1. Relevant provisions for facts constituting an offense and Article 357(1) of the Criminal Act for the choice of punishment (attached Table 1 through 5, 7, 9 through 11, 13 through 15, 17 through 23, and facts listed in Attached Table 25 and 26 shall be comprehensively included in imprisonment, respectively);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in the crime of taking property in breach of trust related to the K Complexes with heavier penalty);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Collection under Article 357 of the Criminal Act;

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