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(영문) 서울중앙지방법원 2014.05.29 2012고합1752

배임수재

Text

Defendant

A Imprisonment with prison labor for one year, and for two years and six months, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

[2012 high-level 1752] Defendant A served from August 2001 to December 3, 2012 as a person in charge of purchase (MD; hereinafter “MD”) belonging to the Lebz Team of the Co., Ltd. (hereinafter “G”) from around August 201 to December 3, 201, and was in charge of the planning of goods sold through home shopping, the commencement of sales through TV home shopping, whether to broadcast, broadcast duration programming, and the planning and selection of goods. Defendant B is an actual operator of H (hereinafter “H”).

1. A around April 2012, Defendant A demanded payment of money by 30,000,000 won to the extent that Defendant A received unjust solicitation by providing convenience for vehicle booms, French, broadcast name and time zone programming from B, which is a events company, as an opportunity for Defendant A to receive unjust solicitation by providing convenience for vehicle booms, Ssia, Lintoo’s broadcast, and Lintoo’s broadcast.

Since then, around July 12, 2012, Defendant A received KRW 5,000,000 from the above B to a deposit account (Account Number:J) in the name of Defendant A, a borrowed account, from Defendant A, for marketing expenses. From then on October 19, 2012, Defendant A received KRW 56,00,000 in total on six occasions in the name of marketing expenses and fees as shown in the attached Table 1, from around October 19, 2012, and acquired property in exchange for illegal solicitation as to its duties.

2. Defendant B, as indicated in paragraph 1, refers to the case of Defendant B’s breach of trust, referring to a black box to G on April 2012 and offered convenience in the name of the broadcast of the black box and the time zone formation to the relevant MD A. In making an illegal solicitation, Defendant B transferred KRW 5,00,000 as marketing expenses around July 12, 2012.