beta
(영문) 서울중앙지방법원 2012.11.29 2012고합694

배임수재

Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant

A entered into the E Co., Ltd. (hereinafter referred to as the "E") on November 27, 1978 and was promoted to the head of the engine planning division around August 2009, and took overall charge of engine production and logistics at the engine machinery business headquarters on January 2003. A around December 2004, the above headquarters took overall charge of the business planning, logistics, external cooperation, and quality control. A was promoted to the above headquarters from January 2006 to January 207, 2007, and was in charge of the same business planning, engine machinery, machinery, equipment operation, and logistics business. A was promoted to the regular business on January 2008 and controlled the quality control of the engine from January 200 to January 200, the Defendant took overall charge of the business planning, quality management, logistics planning, and the quality control of the engine from around 200 to around 209.

E is selected and operated by internal partner(participation in the manufacture of ships) and foreign cooperation(supply of machinery, equipment, etc.). They are bound to be a subordinate position to E in their operation, and they are prohibited by executives and employees from acquiring goods or property benefits under any pretext from the partner.

On February 2, 2008, at a restaurant where the trade name in Ulsan is unknown, the Defendant received KRW 3 million in total from G on the same day, along with an implied solicitation for business convenience in relation to the process management, quantity allocation, etc. of a company run by G, such as F, etc., as a ship mooring company (hereinafter “F”), from G operating a F Co., Ltd. (hereinafter “F”), to which the Defendant received KRW 1 million in total from G on the same day.

The defendant, including this, is a solicitation between December 27, 2007 and November 16, 2010.