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(영문) 울산지방법원 2013.10.02 2013고합212
배임수재
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, working as the head of the Department C from January 1, 2010 to December 31, 201, in the modern Heavy Industries Co., Ltd. in Ulsan-gu defense forces, controlled the process of selecting suppliers, such as exercising the power to decide on the selection of suppliers of shipbuilding machinery and materials. At present, the Defendant is working as the head of the Department D.

1. On December 2010, the Defendant received an illegal solicitation from F, a vice-chairperson of E Co., Ltd., a Co., Ltd., which supplies shipbuilding equipment, such as gbain, board, etc., from the F, a vice-chairperson of E Co., Ltd., to the effect that “the increase in the quantity of the board supplied by E, a stock company E,” and received KRW 20 million in cash from the said F at the H restaurant located in Ulsan-gu G around the end of January 201.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

2. On June 201, 201, the Defendant received an illegal solicitation from the F to the effect that “the part of the sloping line that was given up after Non-Afashion Co., Ltd. was given to E” from the said F, and received KRW 30 million in cash from the said F at the first floor coffee shop of Ulsan-gu I Apartment-gu, Ulsan Metropolitan City, Seoul, in July 201.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 357 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Crimes No. 2. Aggravated Punishment of Crimes as provided for in the Judgment No. 2. Aggravated Punishment);

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 357 (3) of the Criminal Act for collection of penalty surcharges;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is the case where the defendant has overall control over the selection process of the delivery company as the head of Hyundai Heavy Industries Co., Ltd.

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