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(영문) 서울중앙지방법원 2014.02.12 2013고합1404
배임수재
Text

Defendant

A Imprisonment with prison labor for a year and six months, for a defendant B, for a period of ten months, and for a defendant C, for a period of eight months, respectively.

(b).

Reasons

Punishment of the crime

Defendant

A from June 1, 2010 to July 20, 2012, the K Team leader of the Corporation for the Construction, Operation, and Management of Oil Pipeline in Seongbuk-gu, Seongbuk-si (hereinafter “J Corporation”) was in charge of performing the duties of guaranteeing loans, construction, and subcontract related to the construction of solar power plants. Defendant B was in charge of M’s personnel affairs, finance, accounting, operation, etc. as the representative director of the Corporation for the Construction, Operation, etc. of solar power plants from March 9, 2009 to November 27, 2012, from March 9, 2010 to March 20, 2012, Defendant B was in charge of the affairs related to solar power generation, etc. as the third floor of the Seocho-gu Seoul Metropolitan L Building Co., Ltd (hereinafter “M”), and Defendant C was in charge of the overall affairs, such as personnel affairs, finance, and accounting of the Corporation.

1. Defendant A

A. On July 2010, the Defendant received a demand from M& director P to issue a contract for “(T) Q and oil” from the Defendant’s office, and received a demand from the J&D to grant a guarantee for a national bank loan to the ordering company and to make a subcontract to M.) with respect to solar power plants (a total of 6.6 billion won) by the J&D before performing its work. On August 23, 2010, the Defendant actually received a guarantee and subcontract from the J&D company, and acquired the property of KRW 52 million from P in cash as a honorarium for the above solicitation.

B. On October 24, 201, the Defendant ordered “(T)”, etc. from the above P, which was ordered by the Defendant’s office, and paid the subcontract price first to the subcontractor in relation to four solar power plants (the total amount equivalent to 6.3 billion won) by the J Corporation, i.e., Newan-gun U., Seoul Special Metropolitan City (Seoul Special Metropolitan City), and paid the subcontract price to the subcontractor, and the ordering company received the contract price from the subcontractor in return for its profits while operating the future power plant.

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