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(영문) 부산지방법원 2015.07.15 2015고정1789

배임수재등

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 who was employed as a member of the Busan Coast Guard B branch around July 2003 and was promoted to the head of the above sub-branch B working group around April 2012 and is in charge of management of members and recommendation of new members.

C is a person who has been employed as a member of the Busan Coast Guard Group B in 2004 and has been promoted to the head of the above sub-chapter B in 2009 and is in charge of management of members and recommendation of new members until now.

On September 2010, the Defendant requested to return KRW 10,00,000,00,000,000,000 to C from the above office of the Trade Union Branch B located in Busan, as the operating expenses of the branch B prior to the request, and C promised to receive the payment for the employment of the members from another person and to have the person recommended by the Defendant be employed as a member.

1. On September 2010, the Defendant received 7 million won in cash in return for receiving an illegal solicitation from the mother of E in a mutual influorous restaurant located in the Shin-dong, Busan, which was located in his/her territory, for the employment of E as a member of the Busan Coast Guard B. In response, the Defendant received 7 million won in return for the request.

2. On October 2010, the Defendant received 7 million won in cash in return for receiving an illegal solicitation from the Defendant’s external third village He, who was employed by the Defendant as a member of the Busan Coast Guard B branch, from G female located in Busan F, and received 7 million won in return for his employment from the Defendant’s external third village H.

As a result, the Defendant conspired with C to manage the affairs of the Busan Coast Guard and acquired each property in exchange for an illegal solicitation in relation to his duties, and engaged in the employment of others for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Two-time suspect examination protocol of the prosecution against C (including the accused and the part of the court’s statement);

1. Each prosecutor's statement concerning E and K;

1. Two copies of replies to sub-chapter B, members' personal cards, and community credit cooperatives; and