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(영문) 서울북부지방법원 2018.07.19 2018고단1216
배임증재
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the actual operator of J (State) who is the removal company located in Songpa-gu I, Songpa-gu, Seoul, and Defendant B is the person in charge of the affairs, such as physical coloring the service company related to the "M urban environment improvement project" according to L's instructions.

L, from August 2008 to July 2015, by entrusting the audit of the committee for promotion of "M urban environment improvement project" with respect to the 59,889 square meters in Dongdaemun-gu Seoul N, Seoul, to manage and supervise the problems in the management of the assets and the performance of duties of the committee for promotion and to report to the general meeting. In addition, from August 2008 to December 2015, from around August 2008 to around December 201, L served as a member of the above committee for deliberation and determination of the matters referred to the committee for promotion. From around December 2014 to around December 2015, P, a company selected as a joint implementer of the above improvement project, as a member of the committee for promotion.

1. On December 18, 2014, Defendant A agreed to pay in cash part of the cost of removal services in return for receiving “contract for removal of urban environment improvement projects” with L, etc., Defendant A entered into a contract for removal services equivalent to KRW 6,141,916,000 with the aforementioned Promotion Committee around December 18, 2014, and delivered KRW 1,30,000,000 to L through K, B, and Q over 15 times from around December 2014 to May 2016.

2. Defendant B conspired to receive the contract price from the service company by taking advantage of the fact that the above L has the authority to select the service company by exercising enormous influence on the urban environmental improvement project promotion committee of this case.

1) On December 2014, the Defendant in breach of trust related to J (State) introduced J Co., Ltd. (hereinafter “J”) (hereinafter “J”), a removal company around December 2014, to L, upon receiving a request from the actual operator A of J to conclude a removal contract, and on December 18, 2014, the said Promotion Committee received a request from J and 6,141,916.

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