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(영문) 서울동부지방법원 2018.12.06 2018고단230
배임수재
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person working as the president of a private corporation B (hereinafter referred to as “B”), C is a person working as the president of a D Co., Ltd. (hereinafter referred to as “D”), and E is a person working as the head of D architectural design 2.

B Around February 2, 2017, the Fran City G New Project was implemented in the F department of G department of G department of G department of G department of G department of G department of G department of G department of G, and the Defendant, as the chairperson in charge of overall affairs of B, has duties to select a design company of the project implemented by B according to fair

Nevertheless, on February 23, 2017, the Defendant entered into a contract for new construction works with D, “a contract for new construction works,” which is equivalent to KRW 1.487 billion of the contract deposit in light of the request of E, to allow E to undertake construction works to reduce the amount of KRW 80 million in relation to “Yu-si G construction project” in relation to “Y-si G construction project,” and entered into a contract with D on February 23, 2017.

On February 28, 2017, the Defendant received KRW 30 million in return for the receipt of design services and other contractual convenience from C in the contact room located on the fourth floor of the Songpa-gu Seoul J building, and around March 23, 2017, the Defendant received KRW 80 million in total on two occasions, such as receiving KRW 50 million in return for the provision of design services and other contractual convenience from E in the K coffee shop located on the first floor of the Songpa-gu Seoul J building.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Copy of the statement made by the prosecution with respect to L;

1. Statement made by each prosecutor to E and C;

1. A detailed statement of reserve funds and each design service contract;

1. Application of each statute on particulars of letters;

1. Article 357 (1) of the Criminal Act and Article 357 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 357 (3) of the Criminal Act for collection of corresponding value;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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