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(영문) 광주지방법원 목포지원 2017.07.14 2016고단1478

배임수재등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is the regular director of F&A, a ship manufacturer in Yong Young-gun E, and Defendant B is the representative of H&A, a corporation with the above F&C in Yong Young-gun G.

1. Defendant A

A. The Defendant, while working as the above F managing director, was in general in charge of the following tasks: (a) selection of partner companies, conclusion of contracts, and decision on the payment of gold money.

The Defendant, at early 2013, stated that, with respect to the cabin work ordered by I from the above F Office, H Co., Ltd.’s StandingJ on the following facts: “The facts charged on the receipt of breach of trust and the receipt of breach of trust against H’s KRW 5 million are stated to the effect that there was an illegal solicitation related to the increase of the contract price in addition to the amount of construction work performed; however, the J and B made a statement by the J police. However, in light of the fact that the J and B stated that it did not give KRW 10 million in return for the conclusion of the construction contract, and that it did not give KRW 10 million in return for the increase of the contract price, it is difficult to believe the police statement by the J police as it is, and that there was an illegal solicitation as to the increase of the contract price only by the evidence submitted by the Prosecutor.

“On May 6, 2013, our bank account (Account Number:K) in the name of the Defendant was transferred at around 14:00 on May 6, 2013, 500 won.

Accordingly, the defendant, who is in charge of the above F's affairs, acquired property in return for an illegal solicitation in relation to his duties.

B. On May 7, 2015, the Defendant, who attempted to receive a breach of trust, was released from the above J while settling the said H’s gold accounts at the above F Office around May 16:10, 2015.

“In exchange for the reduction of mutual-aid funds from KRW 120,000,000 from KRW 120,000 to KRW 60,000,000,000,000,000,000 from the above H around May 26, 2015.