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(영문) 수원지방법원 2018.10.19 2018고합47
배임수재
Text

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

2. Provided, That this shall not apply;

Reasons

Punishment of the crime

Defendant

A is a person who received monthly salary of KRW 2 million from January 2008 to May 2017 and served as an affiliated company of D, the Buddhist Foundation, as the field warden of F, Inc., Ltd. (hereinafter “F”) established to create D, B, E, E, E, the Foundation (hereinafter “the instant forest”), and was working as an affiliated company of D, B, etc., for the purpose of creating D, and was authorized to construct the said forest as a slope, so that construction may be possible in the said forest as a slope.

Defendant

B is a difference between the defendant A and the director of G, a fertilizer factory, and the person who has used the position of the head of H in Sung-si branch.

Defendant

C is the real representative of the I Co., Ltd. (hereinafter referred to as "I") who is a aggregate producer.

In order to establish a Buddhist graduate school, etc., the forest of this case is a forest with slope, and the forest of this case needs to be balanced carbon work for the forest of this case. D, without compensation, selected a business entity capable of collecting aggregate in the forest of this case and had the said business entity extract aggregate and then had the said business entity conduct flat work in return for the extraction of aggregate (hereinafter “the above site development project”).

1. Defendant A and Defendant B’s joint crime committed the following acts: (a) as the head of F’s site, Defendant A selected a counterpart company to a contract for the collection of earth and stones and had the authority to select a business entity to report to a well-known stin, etc.; and (b) the Defendants conspired to receive and divide money and valuables in return for concluding a contract for the collection of earth and stones with D, a aggregate producer.

The Defendants, upon the request of C from November 2014 to March 2015, upon the request of C to allow C to enter into a contract for the collection of earth and stones with respect to the forest of this case, at the J site office or nearby convenience stores, etc., the representative of C, who is the representative of C, and at the same time, grant C the right to undertake the collection of earth and stones.

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