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(영문) 울산지방법원 2014.06.20 2013고합366

배임수재

Text

A defendant shall be punished by imprisonment for one year.

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

On January 6, 1987, the defendant joined C Co., Ltd. (hereinafter referred to as the "C"), promoted to the head of the D Design Department on January 1, 2007, and controlled the affairs of D Design Division and D Development Department. On January 1, 2013, the defendant was in charge of overall management of D design, development, and production. Since January 1, 2007, the defendant was the head of the department and the person in charge of D design and development, and has been in charge of overall management of D related work, product management, price negotiations, etc.

around February 6, 2013, the Defendant received cash amounting to KRW 50 million, along with an illegal solicitation to the effect that “Irrrrrrr Company may deliver the UN Ccoos, a mobile D's external box to C,” from G operating the Taecheon River parking lot located in Ulsan-gu, Ulsan-gu, and the Defendant received KRW 154 million in total on 27 occasions in the name of an illegal solicitation, as shown in the annexed Table of Crimes, from January 16, 2009 to June 13, 2013.

Accordingly, the Defendant acquired the property in return for an illegal solicitation in relation to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the suspect examination protocol of H and G by each prosecutor;

1. A copy of each statement of I and J;

1. Each investigation report and each report on the confirmation of the suspect K's reasons for submitting the letter of apology;

1. Application of Acts and subordinate statutes to the coal applications and the C Business Headquarters organizations, which were intended to submit to C Co., Ltd. in G production;

1. Article 357 (1) of the Criminal Act applicable to the relevant criminal facts and Article 357 (1) of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed by the head of the department in relation to the design and development of CD.