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(영문) 춘천지방법원 원주지원 2014.12.31 2014고합119
배임수재
Text

Defendant

A and C shall be punished by imprisonment for one year, and by imprisonment for six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. The Defendants A, B, and B, who worked as a proxy in F Co., Ltd. (hereinafter “F”) from around 2008 to May 9, 2010 with respect to the construction work; and around 2008, Defendant B, who works as a public agent at the construction site of the “E Housing Site Development Project” that was ordered by LH Corporation and ordered by F in F, was in charge of the affairs such as bidding of various construction works and the selection of subcontractors who ordered the subcontractor.

Defendant

B was selected as a subcontractor for the execution of the waterworks construction work in the housing site development project at the Staff F in 2008, Defendant A was willing to select the subcontractor for the construction of this case and receive the price from the subcontractor for the construction of this case. Defendant B notified Defendant A of the estimated price of the company which submitted a quotation, and Defendant A arranged the company which intended to receive the construction of this case, and notified Defendant A of the estimated price of the said estimated price to be selected as the subcontractor.

Defendant

A around October 208, at the office of H Co., Ltd. located in Gangwon-gun G (hereinafter “H”), A was made an illegal solicitation to the effect that “F will select a subcontractor who will be in charge of water supply work,” and that “F will order F to take out construction work because it is well aware of F’s officers and employees.” Instead, the amount equivalent to 3% of the construction cost should be paid in consideration of F,” with I’s consent, and that “I will pay in consideration of the selection of the subcontractor as the waterworks construction contractor.”

Since then, on November 2008, Defendant B notified Defendant A that “If two companies in Chuncheon submitted a written estimate, the lower estimated price shall be KRW 830,000,000,000,000, and the lower estimated price shall be determined in order to receive the successful tender” in front of the office site office of the Housing Site Development Project. Defendant A so notified Defendant A of this fact.

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