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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. From February 2011 to January 31, 2016, the Defendant was in office as the director of the management support team at the Plaintiff Company and performed duties such as the selection of the corporation.
1) On April 15, 201, the Defendant received KRW 40,000,000,000, including KRW 20,000,00 from D, around June 201, 201, around August 201, by stating that “C will be selected as the Plaintiff’s electrical and fire-fighting facility business entity” from the representative director D, a corporation, the director of Yeonsu-gu Incheon Metropolitan City, as the Plaintiff’s electrical and fire-fighting facility business entity.” As such, the Defendant acquired KRW 40,00,000,000 in cash with respect to his duties knowing that the said money was paid for an illegal solicitation (hereinafter “instant property breach of trust”). Accordingly, the Defendant knowingly acquired KRW 40,00,000 with respect to his duties (hereinafter “instant property breach of trust”) by acquiring KRW 40,000,000 with respect to his duties (hereinafter “instant property breach of trust”).
(2) On May 1, 2011, the Defendant issued KRW 20,000,000 from F, by stating that “E will be selected as the Plaintiff Company’s human park business entity,” and that “E will be selected as the Plaintiff Company’s human park business entity prior to the Plaintiff Company’s office.” Accordingly, the Defendant received KRW 20,00,000 from F around June 201.
Accordingly, the Defendant acquired KRW 20,000,000 as above with respect to its duties knowing that the said money was paid to F for an illegal solicitation to allow F to receive a contract for the construction work.
(2) On July 10, 2014, the Defendant deposited KRW 5,760,000,00 as Defendant Han Bank Account, around August 5, 2014, on the following grounds: (a) around July 10, 2014, the Defendant: (b) stated that “H will select the Plaintiff as a waste disposal company; (c) entered into a contract with the Plaintiff Company; and (d) the difference between the original contract amount and the difference.” (d) around August 5, 2014, the Defendant deposited KRW 5,760,000 as Defendant Han Bank Account.
Accordingly, the defendant is aware that the above money was the price for illegal solicitation to allow the above company to be selected by I.