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(영문) 의정부지방법원 고양지원 2015.11.10 2015고단2067

배임수재

Text

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

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

Reasons

Criminal facts

On November 201, the Defendant had a duty to select an advertising medium in order to plan and promote the events for the promotion of Samsung T&N new products when he/she was in office in charge of exercising overall control over the selection of a printing media (such as magazines) by proxy upon entering the request of the director of the printing media team of D&C company in Yongsan-gu Seoul Special Metropolitan City as an advertising agency in Yongsan-gu. Thus, the Defendant had a duty to select an appropriate advertising medium through fair procedures and methods.

Nevertheless, at the time of the death of the defendant's pro-Japanese, the defendant requested that "to introduce a person who may personally help him/her during the magazine," which he/she knew of economic difficulties, such as where the defendant's pro-Japanese was killed and entered into a funeral," and received a request from G to introduce a G operating the F magazine, which is a new production company at the time, and then received 25 million won from G, to be selected as an advertising medium for the event of the above Samsung E's new product sales promotion under the condition that he/she would receive KRW 25 million from G. On the 11th of the same month, the defendant was transferred KRW 12 million from G to the SC Bank (H) account in the name of the defendant, and on the 16th of the same month, the Gangnam-gu Seoul Metropolitan Government was delivered KRW 13 million in cash from G at the non-store store near the next hospital distance in the name of the defendant on the 16th of the same month.

As a result, the Defendant obtained the total amount of KRW 25 million in return for an illegal solicitation in violation of his/her duties as a person who manages affairs to select an advertising team according to fair procedures and methods.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements in the suspect examination protocol of the prosecution concerning G;

1. Investigation report (including attached text messages, etc. for submission of details of transfer);

1. A report on investigation (including submission of a detailed statement of deposit transactions attached thereto);

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 357 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution;