2014 High Gohap52 Misappropriation

A, Company Board

Henhee (Public Prosecution, Public Trial)

May 30, 2014

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the defendant to provide community service for 80 hours.

6, 360, 000 won shall be collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Facts of crime

The Defendant served as the head of B electrical system headquarters from January 16, 2007 to December 31, 2009 as B’s head of the electrical and electronic system headquarters, and was in charge of the power generation machine sales business during the period from January 1, 2010 to the retirement of B from January 1, 2010, while serving as the head of the division in the electrical and electronic system headquarters, the power generator, and the power generator were in charge of the sales business of the power generator.

On the other hand, C is a person who operates the power control tower, control team leader (main) D in Mapo-gu Seoul Metropolitan Government, and E is a person who works as the head of the power generation chain F (ju) in Yeongdeungpo-gu Seoul Metropolitan Government, and G is a person who operates the non-commercial power generation chain (main) H in Guro-gu, Seoul Metropolitan Government 5-dong, and I is a person who operates the J (main) as a wholesale and retail company, such as power generator in the monthly-dong, and the mother, and the agency of electrical and electronic equipment B.

1. Property in breach of trust from C

On December 28, 2009, the Defendant asked C to ensure that the products of our company, such as the “poner trawer trawer board,” can be continuously supplied by the Party B office located in the Jongno-gu Seoul Metropolitandong. The Defendant received an illegal solicitation from the Defendant and transferred KRW 8 million to the national bank account in the name of the Defendant.

As a result, the Defendant acquired the above property in exchange for an illegal solicitation in relation to his duties.

2. Receiving property in breach of trust from E;

On June 13, 20108, the Defendant: (a) set the bid price at a higher level to ensure that our company can be awarded a successful bid in connection with the supply of the emergency power plant for the manufacture of the eropool-con-factory; (b) received the details of illegal solicitation from the B office located in Jongno-gu Seoul Metropolitan City Gyeyangdong through K of the Department of Business Department Department Department Department B. The Defendant received the said emergency power plant supply case from the Defendant around May 13, 2010, which was sent KRW 3,2360,000,000 from the national bank account in the name of the Defendant of Jongno-gu, Seoul.

As a result, the Defendant acquired the above property in exchange for an illegal solicitation in relation to his duties.

3. Property in breach of trust from G.

On January 1, 2008, the Defendant requested G to set the bid price at a higher level so that our company can win a contract in the electricity system Gwangju metropolitan branch office located in Seo-gu Seoul Special Metropolitan City. “On January 16, 2008, upon receipt of an illegal solicitation to the purport, transferred KRW 2 million to the national private bank account in the name of the Defendant around January 16, 2008, and received KRW 3 million from the above account around February 25, 2008, and around June 30, 2009, the Defendant received KRW 6 million in total from each of the above accounts.

As a result, the Defendant acquired the above property in exchange for an illegal solicitation in relation to his duties; 4. Misappropriation of trust from I

On October 14, 2010, the Defendant: (a) at the electric system Gwangju branch office located in Seo-gu, Seo-gu, Seo-gu, Gwangju; (b) expressed the intent that it is reasonable for the Defendant to directly conclude a contract at the headquarters B related to the supply of Mayang SK Power Plant, and to deliver the contract at the same agency as our company; and (c) prepared documents to the effect that it is reasonable for the Defendant to directly conclude the contract at the headquarters B; and (d) in the future, as a person in charge of B business, to provide convenience in the transaction relationship with our company; (c) received unjust solicitation to the effect that it was transferred KRW 20,000,000 from the national bank account in the name of the Defendant around October 14, 2010.

Accordingly, the summary of the evidence that the Defendant acquired the above property in exchange for an illegal solicitation in relation to his duties.

1. Defendant's legal statement;

1. C, I, and each protocol of suspect examination of prosecution as to E;

1. A G statement;

1. A copy of each statement of L, M, N, and E;

1. Each report on investigation;

1. A copy of the passbook, account details, personal information inquiry, business status information system, details of transactions, and details of transactions;

Account statement, each corporate status, personnel records, copies of contracts, copies of tax invoices, and issuance of bills;

Information

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 357(1)(3) of the Criminal Act comprehensively provides that a person who commits an offense shall be punished by imprisonment.

1. Aggravation for concurrent crimes;

Money and valuables under the former part of Article 37, Article 38 (1) 2, and Article 50 (Money and Valuables from E with the most serious criminal situation)

(2) If the person commits a concurrent crime in breach of trust, such person shall be subject to the penalty provided for in

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

1. Social services;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Collection;

The latter part of Article 357(3) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

A favorable circumstance such as the confession of each of the crimes in this case and the fact that the defendant is in a profoundly against the depth, the amount of the money in this case reaches 66,360,00 won, and the fact that in order to enhance the overall transparency of our society, the mere fact that the money in this case was made in return for illegal solicitation cannot be charged solely on the ground that it is an industrial practice. It goes against the fairness and integrity of administrative affairs that are inappropriate for delivery, and acts as a structural obstacle to the establishment of a public market economy order, and thereby is detrimental to the enhancement of national competitiveness, such as overseas receipt of orders, etc., and the defendant has given prior notice of an estimated price at a higher level than that of the defendant, and has given an estimated price (referring to "the so-called" in the industry) so that the relevant company can be awarded a successful tender, and the circumstances, such as the circumstances and motive of the defendant's criminal act, and the motive and condition of the criminal act, such as the criminal records, family relation, etc., and how to provide convenience after it.

Justices Kim Jong-soo

Judges Appellateization

Judges Kim Young-young