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(영문) 서울동부지방법원 2018.07.05 2018고단408
배임수재
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

370,000,000 won shall be additionally collected from the defendant.

For the defendant.

Reasons

Punishment of the crime

The Defendant entered B (State) around December 2009 and worked as a manager of “Ctel construction business,” “D new construction business,” “E development business,” etc., which was undertaken from May 2, 2012 as the managing director of the headquarters of the Department of Commerce from May 2, 2012, and the F was the head of the headquarters of G (State).

B (State) established G (ju) as a subsidiary and continued to implement the “C Office Building Project” in the H Group in Sungnam-si, Sungnam-si, Seoul-si, in May 2012. The Defendant, as a person in charge of the construction project, has duties to select a designer according to a fair procedure.

Nevertheless, the Defendant demanded from the above F that “G (State) be entitled to receive design services of “Ctel construction project” in the amount of KRW 1.530 million, the Defendant demanded that “G (Ctel construction project) be entitled to receive the said services.” On May 4, 2012, the Defendant demanded that G (State) enter into a design service agreement with the Defendant’s office located in Seocho-gu Seoul Metropolitan Government (State) on a service charge of KRW 1.53 billion and “Ctel construction project.”

Defendant received cash of KRW 50 million from F on July 2012 under the pretext of the above design service contract, from around July 2012, and from that time until July 2016, Defendant received cash of KRW 370,000,000 from F on 11 occasions as shown in the list of crimes in the same manner, and received cash of KRW 370,000 through 11 times, and acquired property in exchange for an illegal solicitation regarding Defendant’s duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Each police statement made to J and F;

1. A detailed statement of each reserve;

1. Each design service contract;

1. Details of financial transactions and deposits;

1. The application of the details of card use and response trading by F Corporation Acts and subordinate statutes;

1. Article 357 (1) of the Criminal Act applicable to the facts constituting the crime: Selection of imprisonment;

1. The reasons for sentencing under Article 357(3) of the Criminal Act are as follows: (a) the Defendant, as the chief executive officer B (main executive officer).

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