beta
(영문) 대구지방법원 서부지원 2018.10.16 2017고단3112

배임수재등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since 2005, the Defendant was in charge of duties such as personnel recruitment, selection and management of dispatched enterprises, interview and selection of human resources to be dispatched, etc. in E companies manufacturing automobile parts located in Daegu-gu, Daegu-gu.

1. On January 12, 2008, the Defendant received money in breach of trust from F, G, H, I, and J in total 201,157,893 won from F, G, H, I, and J over total 183 times from 183 times to June 12, 2017, along with an illegal solicitation to demand the conclusion and maintenance of a contract for temporary placement, instead of receiving 30% of the profit of the subcontractor from the subcontractor’s office.

As a result, the defendant acquired property in exchange for an illegal solicitation in relation to his duties as a person in charge of the affairs of the E company.

2. No person who violates the Act on the Protection, etc. of Dispatched Workers shall be provided with labor for the direct production process of the manufacturing business;

Nevertheless, in collusion with K, the representative director of the above corporation, the defendant had 21 workers dispatched from February 2, 2014 to October 2017 in relation to the manufacturing business of automobile parts, which are direct manufacturing business, at the place of the above corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the public prosecutor in K;

1. Statement by each prosecutor's reference witness to G, F, J and K;

1. Each police statement made to G, H, F, L, I, J, and K;

1. A H statement;

1. A decision to deliberate on disciplinary action, such as a copy of the passbook, G Arrangement Data, execution details, details of each account transaction, details of deposits in cash account of Daegu Bank, etc., each financial institution’s response data, pictures of the contract, details of transaction, production contract, production contract contract, closure images of H text messages, labor data list, organization map, organization map, and disciplinary action.