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(영문) 대구지방법원 2019.06.27 2019고단2274
배임수재
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On October 1989, the Defendant was working in the Investment Engineering Office in charge of the selection of a qualified company related to the ordering project and supervision of construction works, etc. by promoting the steel companies to the Steel Company Co., Ltd. Co., Ltd., which is located in the Nam-gu, Nam-gu, Nam-gu, Seoul, to the management office around April 201, and continued to work in the Investment Engineering Office after being promoted to the head of department around April 2015.

The Defendant, while working in the Investment Engineering Office, was in charge of the business approval, bid examination, selection of qualified companies, technical deliberation, supervision of construction, etc., who is in charge of the business ordered by C while working in the Investment Engineering Office, had duties to select the company fairly and fairly by objectively judging the credit rating, acceptance ability, etc. of the company in performing such duties.

Nevertheless, around September 2012, the Defendant received an illegal solicitation from the director E of the Co., Ltd. Dispute Resolution Co., Ltd. to the effect that various conveniences in the receipt of orders from the director E of the Co., Ltd. Dispute Resolution Co., Ltd., a company selection, construction supervision, etc., and received a gift certificate of an amount of KRW 1 million by October 2017, and received a gift certificate of an amount of KRW 11,00,000,000 in total from the same name every year until around the time of the snow and the end of each year, every year by October 2017, and received a gift certificate of an amount of KRW 11,00,000 in total.

On November 2015, the Defendant was issued KRW 25,00,000 in cash to the effect that, in addition to the Defendant, the Defendant was issued KRW 25,00,000 in the “G” restaurant located in the Southern-gu F in the Southern-gu, Chungcheongnam-si, the Seoul-si, and that, around that time, the H system supply company D, which is promoting a negotiated contract with C, would smoothly handle the supply of the H system.

As a result, the Defendant received illegal solicitation in relation to his duties from E, and acquired property equivalent to 36,000,000 won in return.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of interrogation of suspects (including cross-examination) with respect to E, Defendant, and I.

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