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(영문) 부산지방법원 2014.10.31 2014고합518

배임수재등

Text

Defendant shall be punished by a fine of KRW 25,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From December 2009 to December 2009, the Defendant is the head of the Busan Port Trade Union D branch, who is in charge of the management of workplace and members, recommendation of new members, etc.

On November 201, the Defendant recommended that F be employed in A&K ports (main state) through the head of the G branch of the Busan Port Trade Union, upon receiving a request from the Busan Port Credit Union located in the Seocho-gu, Busan, to employ P as the Busan Port Trade Union's member of the Busan Port Trade Union.

On January 2012, the Defendant received KRW 10 million from the above E in terms of employment example expenses of the F at the Busan Port Trade Union J branch's parking lot located in Nam-gu, Busan.

As a result, the defendant acquired money and valuables in exchange for illegal solicitation in relation to his duties and engaged in the employment of others for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statutes on the statement of the prosecution to F, E, and H;

1. Article 357 (1) of the Criminal Act applicable to the relevant criminal facts, Articles 107 and 9 of the Labor Standards Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a violation of the Labor Standards Act heavier than punishment);

1. Selection of an alternative fine for punishment;

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. The latter part of Article 357 (3) of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fine not exceeding 30 million won;

2. Determination of sentence: The crime of this case by a fine of 25 million won is committed by the head of the Busan Port Trade Union D branch, and the defendant has received a total of KRW 10 million in return for an illegal solicitation to recommend the F to be employed as a member by abusing the fact that the defendant, as the head of the branch of the Busan Port Trade Union D branch, is in charge of managing the workplace, managing the union members, and recommending new union members.