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(영문) 인천지방법원 2015.01.15 2014고합32
배임수재
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On October 29, 2013, the Defendant was sentenced to a suspended sentence of one year for the crime of taking property in breach of trust at the Seoul Northern District Court on the grounds of a suspended sentence of two years, and the judgment became final and conclusive on November 6 of the same year, and is currently under suspended sentence.

【Criminal Facts】

The Defendant was a person who served as E in the Daewoo Construction Co., Ltd. (hereinafter “Treatment Construction”) from January 1, 201 to December 5, 2013, and was working as F in charge of overall affairs of the construction in the Incheon Songdo area, which was ordered by Treatment Construction from January 1, 2009 to December 2010, and received KRW 100 million in consideration of the consideration at the site office of treatment construction located on the third floor in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon. On August 2009, the Defendant received treatment construction from H, who operated the G Co., Ltd., which is the subordinate company of Treatment Construction, at the construction site in the Songdo New City, for the construction site in the Songdo New City, for the purpose of obtaining construction from G treatment Construction to the construction site, and for the purpose of receiving the payment.

The Defendant received the above request from H at the above place around September 2009, and received KRW 100 million as consideration item through I who was an employee of the Defendant at the time.

Accordingly, the defendant received illegal solicitation from H and acquired property by receiving a total of KRW 200 million in relation to his duties.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each prosecutor's statement concerning H, J, K, L, and I;

1. A list of the current status of G contracts;

1. Investigation reports (Adjustment of false construction records for the use of M or N other than those related thereto);

1. Criminal records: Application of Acts and subordinate statutes concerning criminal records;

1. Article 357 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of the sentencing of the latter part of Article 357(3) of the Criminal Act is committed by the Defendant, while working as the F of the Treatment Construction Act, for the purpose of illegal acquisition of Turkey funds.

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