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(영문) 서울중앙지방법원 2016.10.28 2016고합16

배임수재

Text

A defendant shall be punished by imprisonment for six 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

To the extent that the prosecutor does not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of changes in indictment procedures.

From August 1, 2011 to July 31, 2015, the Defendant worked as the head of the business headquarters of F Co., Ltd. (hereinafter “G”), a defense contractor, without distinguishing between the change of the name of the company from G Co., Ltd. on June 29, 2015, and before and after the change, took overall charge of the business, receiving orders, and conducting new businesses. During that process, the Defendant presented his/her opinion on the selection of the collaborative company at the time of proposing the project implementation, and presented his/her problem of the collaborative company, such as the occurrence of defective products supplied or lack of technical skills, and participated in the designation and change of the collaborative company and the maintenance and change of the contract with H(hereinafter “H”), and G has been supplied by H (hereinafter “H,”).

Therefore, the defendant has a duty to handle business fairly in consideration of the cooperative company's objective technical ability and production capacity, credit rating, adequacy of contract amount, etc. In this regard, the defendant has a duty not to receive any form of monetary benefits from the related parties such as the partner company.

Nevertheless, around May 2012, the Defendant issued three million won’s cashier’s checks contained in the envelope to maintain the existing supply contract and to provide convenience in the selection of a cooperation company in the future, etc. at H’s largest shareholders (the representative director from October 11, 2013) at H’s cafeteria cafeteria cafeteria cafeteria located in the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Professor, (the representative director from October 11, 2013), along with the Defendant’s request on May 1, 2012, and continued to receive 3 million won of the cashier’s checks contained in the envelope in the envelope in return for the maintenance of the existing supply contract and the provision of convenience in the selection