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(영문) 수원지방법원 성남지원 2016.07.13 2016고단755

배임수재

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, from around 2008, has been working as a regular director of E Co., Ltd. (hereinafter “E”) established to conduct shipping agency business, etc., and has overall control over the vessel operation affairs, such as the designation of the local agency and sub-agency.

1. On February 2, 2012, the Defendant received a solicitation from the F Co., Ltd. to the effect that, at the office located in Jongno-gu Seoul, the representative director H of the F Co., Ltd., and at the time of entry into the Incheon port, F Co., Ltd., the Defendant was transferred KRW 51,934,000 in total over 38 times from February 10, 2012 to February 27, 2015, to the new bank account in the name of E in the name of E in the Defendant’s father when entering the port of Incheon.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

2. On February 1, 2012, the Defendant received a request from the representative K of J, which is a regional agent of J, to the effect that, when entering into the port of Pyeongtaek, the said J’s local agent’s duties, such as the speed of entering and leaving the port of Pyeongtaek, etc., the Defendant received a request from K to February 9, 2015, for a total of KRW 14,270,000 in total from February 13, 2012 to February 9, 2015, and received a request from K to a new bank account in the name of the Defendant’s father’s father, as indicated in the list of crimes.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against K and H;

1. Police statements made against L or M;

1. A copy of the confidential account book prepared by the mutual savings bank;

1. Investigative report (in the first bank account analysis), and inquiry into details of transactions;

1. Amount of money received in relation to taking over property in breach of trust (J).

1. Article 357 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 37 of the Aggravation of Concurrent Crimes Act.