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(영문) 인천지방법원 2016.02.17 2015고단6843

배임증재

Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. G as the representative member of a limited partnership I (hereinafter “I”) which is a shipping agent, H is a person who has the right to designate a tugboat business entity and a port service entity to receive commission from a ship company and to act on behalf of the ship company in connection with the above business activities, such as the entry, departure, and pilotage, quarantine, inspection, transit, water supply, etc., and to act on behalf of the ship company, such as tugboat business entity and port service company. Defendant B is the representative director of JJ Co., Ltd., and Defendant A is the former representative director of K Co., Ltd., a shipping company.

A. Defendant A, in collusion with H, intended to collect a certain amount of money every month and deliver it through H along with an illegal solicitation to the effect that the audit of the conclusion of the consignment contract with the ship company in connection with the ship entering the L wharf, who is a person in charge of the safety management of the L wharf and exercises a de facto influence on the selection of the shipping company’s shipping agent, and that various conveniences are different in entering into the future contract.

Accordingly, around September 1, 2010, H transferred the amount of KRW 700,000,000,000 collected by G to G in the I office located in Jung-gu Incheon, Jung-gu, Incheon, with the foregoing illegal solicitation, and KRW 300,000,000 from September 1, 2010 to May 1, 2015, G transferred the amount of KRW 137,50,000,000, in total, from September 1, 2010 to May 1, 2015, to G.

Accordingly, in collusion with H, the Defendant made an illegal solicitation and offered property in collusion with H.

B. The Defendant, in collusion with H, collected a certain amount of money every month from H along with an illegal solicitation to the effect that the commission contract was concluded with the ship company in connection with the ship entering the L wharf with the G exercising a de facto influence on the selection of the shipping agency of the ship company as the safety manager of the L wharf.