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(영문) 부산지방법원 2014.04.25 2014고합20
배임수재
Text

Defendant

A Imprisonment of 2 years and 6 months, Defendant B’s imprisonment of 1 year, Defendant C’s imprisonment of 10 months and Defendant D’s fine of 2.

Reasons

Punishment of the crime

Defendant

A is the head of the H (class 3) department of the Busan Urban Transportation Headquarters G, located in 861-1, Busan Urban Transportation Headquarters G, the head of the Busan Urban Transportation Headquarters G (class 861-1), who exercises overall control over the affairs such as ordering external contracts for the purchase of various attached objects, such as safety signs, etc., installed in the Busan Urban subway Station. Defendant B and Defendant C are joint operators of the "J" and Defendant D are the persons operating the "L" and the "M" in 402 of the Busan Urban Transportation Headquarters G, the Busan Urban Transportation Headquarters G.

[2014Gohap20]

1. The Defendant is in charge of the business of ordering goods purchased at a business place, such as information signs used in the Busan subway station. The Defendant is able to enter into a negotiated contract, not an open competitive bidding, for a purchase contract with an order amounting to 10 million won or less under the internal regulations. In such a case, the Defendant had a duty to select and conclude a written estimate of the lowest amount as a contracting party unless there are special defects, such as having no capacity to perform the contract during the written estimate received from several companies.

Nevertheless, in violation of the above occupational duties, the Defendant accepted an illegal solicitation from early 2009, B, and C to the effect that “a request for the appointment of J as a party to a negotiated contract for various purchases in the future,” and agreed with B and C, the Defendant selected “J” as a party to a negotiated contract ordered by the Busan Urban Transit Authority, and entered into a written estimate by receiving a written estimate to eliminate the actual scheduled unit price for delivery, and agreed with B and C to receive an amount equivalent to the difference between the scheduled unit price for delivery and the estimated unit price for delivery in return for a solicitation.

On March 1, 2009, the Defendant handled orders for the purchase free contract to 94 "N" used in the above Busan Traffic Corporation office, and to the subway station.

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