beta
(영문) 창원지방법원 2015.11.19 2015노1437

배임증재

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The defendant asserts that the sentencing of the court below (two months of imprisonment, two years of suspended execution, and forty hours of community service) is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. Illegal solicitation and acceptance of money associated with the determination work should be eradicated as soon as possible in our society, and such crime should be strictly punished if it is revealed.

The defendant has paid money under the pretext of illegal solicitation for more than six years, and the total amount is about 70 million won.

In addition, even though the defendant is the representative director and operator of D, he was unaware of the fact that he was not aware of the payment of rebates, and was given the attitude of avoiding liability while denying the crime, and even though he was in the first instance, he was still aware of the payment of rebates.

It does not seem that the Defendant recognized and opposed to the mere fact that he/she was aware of his/her normal business activities (i.e., asserting that he/she was responsible for the payment of rebates in light of the fact that the Defendant first refused the demand for rebates from the Incheon Branch R in his/her prosecutor’s statement at the time of receiving the demand for rebates, and thereafter found the method of trading without any rebates, and subsequently, made a statement to the effect that he/she would have been able to trade without any rebates, or that the Defendant was aware of the payment of rebates in light of the fact that he/she would have been aware of the fact that he/she would have paid for business expenses for the sake of trade). However, considering such unfavorable circumstances as above, even if considering the aforementioned unfavorable circumstances, the Defendant would have not actively made any personal profit due to the crime and made efforts to not make rebates, and the Defendant would have been able to maintain the trade relationship at the request of