(영문) 인천지방법원 부천지원 2013.10.18 2013고단232

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(영문) 인천지방법원 부천지원 2013.10.18 2013고단232

배임수재

Text

Defendant

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

except that this shall not apply.

Reasons

Punishment of the crime

1. The joint crime committed by Defendant A and Defendant B are occupational duties to manage and supervise the construction contract with the subcontractor and the execution of funds with the subcontractor at the above site, respectively, as the head of the second section site of the construction of the H company, and the head of the public service division at the construction site of the H company B, and the head of the public service division at the above site.

Nevertheless, at the above site office around August 2009, the Defendants conspired and notified the business directors of the court of competent jurisdiction of the cost of construction in response to illegal solicitation that the Defendants would request for assistance in bidding in connection with the construction contract for the main household in the above site. On April 2010, the above site office of the above site office of the Defendants: (a) Defendant A changed the materials of the singcke from the above site office to the singular seat; (b) Defendant A received an illegal solicitation from the above C to the effect that the claim for the cost of the actual material and the cost of the construction in excess of the cost of the cost of the materials and the cost of the construction in excess; (c) Defendant B, even though having been aware of the excessive appropriation of the cost of the materials and the cost of the construction in excess, had the head office enter into a contract for change of the excessive amount by receiving the related documents, such as the cost of the materials and the cost of the construction in excess, and (d) Defendant A received from the above head office around September 2, 20100,000 won.

2. Defendant C granted KRW 120 million in total to A and B on five occasions from September 2, 201 to January 20, 201, as stipulated in paragraph (1), in consideration of the foregoing illegal solicitation at the same time and place as in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness K, L, M, C, B, A, and N, provided that the witness C is the defendant A and B.

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