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(영문) 서울중앙지방법원 2016.04.08 2016고합49
배임수재등
Text

A defendant shall be punished by imprisonment for six months.

101,600,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant ordered by the Gyeonggi-do City Corporation to work as the head of the public service division from September 2008 to December 2009 at the site of the E Corporation (hereinafter “instant Corporation”), which was ordered by the D Co., Ltd. (hereinafter “D”), and worked as the site warden from January 2010 to January 2012.

Upon delegation from D, the Defendant was in charge of the management of subcontracted companies, such as selection, management, supervision, process (construction cost), execution (construction cost), gold, change in construction cost, etc.

1. The Defendant has a duty to fairly deal with the selection, management, supervision, and construction management of a subcontractor, and to not receive any form of monetary profit from a subcontractor or any other person related to the subcontractor or any other business.

From January 209, the G Co., Ltd. (hereinafter “G”) that received unfair solicitation from F to the effect that “I will leave part of the instant construction work,” had H the representative director of the G Co., Ltd. (hereinafter “G”) who received a subcontract for construction of soil and sand, sewage and special structures during the said construction work, entrust F with the construction of sewage for the subcontracted construction work.

From Jun. 2, 2009, the Defendant received total of KRW 101,600,000 from F to Nov. 9, 2012, the Defendant received total of KRW 101,600,000 from F to acquire property in exchange for the Defendant’s receipt of KRW 6,00,000 from the Agricultural Cooperative (J) account in the name of the Defendant, for the purpose of maintaining contractual relationship and paying the construction cost, and for the future, it provides convenience to ensure the smooth payment of the construction cost. In addition, the Defendant received 6,00,000 from F to F, as shown in the list of crimes in the attached Table.

2. Violation of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds.

A. As set forth in the preceding paragraph, the Defendant acquired property in exchange for an unjust solicitation from F with respect to his duties from F, and from F’s F’s F F’s F’s F’s F’s F’s F’s F’s F’s F’s F’s F’

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