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(영문) 서울동부지방법원 2018.06.14 2017고단4134
배임수재등
Text

Defendant

A Imprisonment with prison labor for one year and one year and eight months, respectively.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B A worked as the head of the building team who is in charge of D's main duties ordered by public agencies, etc. in C, and Defendant A worked as the head of the building team at the same team. The Defendants conspired to receive money and valuables from E in return for ordering design services to E Co., Ltd. (hereinafter "E").

The Defendants had been in charge of the business of selecting design firms to perform design services in relation to F and “G” in the process of the foregoing company around 2016. The Defendants had a duty to select a design firm to perform design services for each project through fair procedures.

Nevertheless, around April 2016, the Defendants made it possible for the Defendants to become the manager of E with the head of the headquarters H of the E Design Business 2 and the aforesaid “F.” After that, the shop design service contract to be undertaken when the Defendants were selected as the contractor of the said project also ordered E, and agreed to receive KRW 200 million in return for the provision of convenience to the contract orders, the calculation of the contract price, and the joint recipients of the contract in the future. On May 2, 2016, the Defendants made C enter into the I Business Plan service contract with E on December 20, 2016, and the I Multi-family Housing Design service contract with E on December 20, 2016.

In addition, around July 2016 and August 1, 2016, the Defendants made it possible for the Defendants to become the competent authority of E with the above H to a design service agreement related to the current status “G”. After the selection of C as the contractor of the above project, the shop design service agreement to be undertaken is also placed in E, while the Defendants agreed to receive KRW 120 million in return for the provision of convenience to contract contracts, the calculation of contract price, and the ratio of the contract between the joint recipients (contractors) after concluding a contract agreement to receive KRW 120 million in return for the provision of convenience to the contract contracts. On September 1, 2016, the Defendants concluded the J service agreement with E to conclude the design service agreement for the current status of “J service”.

Since then, Defendant A.

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