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(영문) 대구지방법원 2014.12.04 2014고단5465
배임증재
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a D representative located in the counter in the Gyeongnam-si, Changwon-si, and engages in wholesale and product brokerage business of electric wires, cables, electrical machinery and equipment, etc.

1. Around May 1, 2010, the Defendant granted money and valuables to the E DepartmentF: (a) around 1, 2010, the Defendant transferred KRW 5,122,000 to the account in the name of G (F) with an illegal solicitation that the Defendant provided information in advance and an exclusive bid in relation to the duties of supplying materials, such as electric wires and cables, to the head of the E-combined Power Generation Program Department F, the prime contractor of the said D Office; and (b) from around that time to August 21, 2013, the Defendant granted KRW 115,274,000 in total over 21 times, such as the attached list of crimes (1).

2. Around July 12, 2011, the Defendant provided money and valuables to E Minister H with KRW 146,348,000 in total 18 times as shown in the attached Table of Crimes (2) between around 18, 201 and October 18, 2013, in relation to the business relationship where the E-combined Power Resource Design Team Vice Director H and the Vice Director of E-General of the B B B B B B B B B supplied materials, such as electric cables and cables, to H, with an illegal solicitation that 10,000,000 won, along with the offer of prior information and exclusive bid, were given.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against F and H;

1. Two copies of the G account transactions, one copy of the electronic financial transactions in the Gyeongnam Bank, one copy of the data on tracing the G account, A, J, and two copies of the K account transactions;

1. Application of Acts and subordinate statutes of one copy of an order for cable in the site of lease, eight copies of a statement of transaction, and eight copies of an order;

1. Article 357(2) and (1) of the Criminal Act applicable to the facts constituting an offense (including each of the facts constituting an offense in breach of trust, including each of the facts constituting an offense in violation of trust provided for in paragraph (1) of the same Article and each of the facts constituting an offense in violation of trust provided for in paragraph (2) of the same

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].

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