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(영문) 서울중앙지방법원 2015.09.25 2015고합303
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2. Provided, That the execution of the above punishment shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

The Defendant is a person who operates I Co., Ltd. (hereinafter referred to as “I”).

On the other hand, the entity ordered by the FF (hereinafter referred to as the “F”) to construct the “J” expressway is not a F corporation, a Korean corporation, but a Vietnam corporation established by the FF corporation in Vietnam, but is referred to as the “F” instead of distinguishing it from convenience in the following: (a) the F corporation has contracted construction of the “J” expressway ordered by the VEC (VEC) and began construction from March 2009.

On May 2010, the Defendant promised to receive approximately KRW 1.5 billion in return for the payment of KRW 3.5% of the construction contract amount, among L Co., Ltd.’s representative M at the I office located in Yongsan-gu Seoul Metropolitan Government, to allow L Co., Ltd. to accept the part of the asphalt package work (hereinafter “instant construction work”) among the construction works on Vietnam’s Highway, which was ordered by F by L Co., Ltd. (hereinafter “J”).

Accordingly, the Defendant requested N’s representative director who was known to the general public to order the construction of this case to receive the instant construction work from N, and requested that L corporation be awarded a successful bid by L corporation to L corporation, which was located at the general manager of the construction site. According to the direction, the aboveO directed P of the team leader of the public service team to inform P of the scheduled price of the successful bid in advance and to prepare a estimate corresponding thereto.

The Defendant, at the site office of the instant construction project located in Vietnam around February 15, 201, at the site office of the instant construction project located in Vietnam around February 15, 201, had the said M and Q enter the amount equivalent to 43 billion won of the bid price agreed in advance with the O, P, and P send a written request for bidding only to the companies that had received subcontracting from F in Vietnam, such as S, T, U, etc., at the lowest price.

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