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(영문) 수원지방법원 2014.06.12 2014고정494
배임증재
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B is the managing director of the I (State) in Songpa-gu Seoul Metropolitan Government H, and the defendant A is the head of the field office of J Apartment-gu J Apartment-gu in Suwon-si, Suwon-si.

I entered into a contract with J Apartment on November 9, 2012 with the contract amount of KRW 1,093,40,000,000 and the scheduled date of completion of the construction work on January 10, 2013, but the construction has not been completed until now since it was raised an objection against the controversy such as defective construction from the apartment resident.

1. At around March 21, 2013, Defendant B: (a) around 13:30 on March 21, 2013, at the K Apartment Management Office, the Defendant offered KRW 5 million in cash to the K of the J Apartment Management Office in order to ensure that the construction is carried out smoothly in the future, as well as to the person who manages the management affairs of the residents entering the apartment who carry out a lot of construction work in connection with the construction work.

2. At around 12:20 on March 23, 2013, Defendant A granted KRW 100,000 in cash as well as an illegal solicitation for construction convenience to a person who is responsible for color work supervision on behalf of the residents of J apartment, on behalf of the residents of J apartment, who pointed out many of the usual construction defects.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning M, N, K,O, and L;

1. A standard contract for construction works, construction specifications, periodic minutes, and application of Acts and subordinate statutes governing audit reports;

1. Relevant Article 357 (2) and (1) of the Criminal Act and the choice of a fine for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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