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(영문) 부산지방법원 2013.04.05 2013고합100

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

The Defendant, as the head of the F Group EF, was in charge of the management of union members and the recommendation of new union members, promotion candidates, etc.

On June 201, the Defendant acquired money and valuables in return for receiving cash KRW 60 million in return for the solicitation to the effect that “to recommend him to be promoted to the early stage,” from the I, a member of the Dian E branch, at the H hotel coffee shop located in Busan Dong-gu, Busan, and received money and valuables in return for the solicitation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the list of promotion of affiliated chapters);

1. Article 357 (1) of the Criminal Act applicable to the crimes and Article 357 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on a suspended execution ( considered as favorable circumstances in the rear);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. The latter part of Article 357 (3) of the Criminal Act;

1. In light of the fact that the Defendant committed the instant crime by abusing a position that can exercise influence over promotion promotion, etc. from D labor union, the Defendant, with the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and even though there have been many cases of criminal punishment for an officer of D labor union due to employment corruption in D labor union, it is necessary to punish the instant crime with severe penalty corresponding thereto.

However, the execution of imprisonment shall be suspended only once in consideration of various sentencing conditions shown in the arguments of this case, such as the fact that there is no criminal record of the same kind, that the defendant is not demanded to provide money first, that the whole amount received is returned to the deliveryer, etc., and other factors such as character, character, age and family relationship of the defendant.

In addition, 40 hours of community service is ordered to reflect and improve the criminal tendency of the accused.