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(영문) 서울중앙지방법원 2015.04.09 2014고합1329

배임증재

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

B From October 8, 2009 to December 2, 2013, the company F, as the head of the personnel affairs division, was in charge of the operation of the cafeteria. Defendant A, while operating G, supplied food materials to the cafeteria of the company from April 2010 to December 2013.

1. On June 30, 2010, Defendant A made a solicitation to the effect that “In charge of the payment of the price of food materials to be used in a cafeteria, the Defendant remitted KRW 400,000 to the national bank account in the name of B in the name of the national bank account in the name of B, while making a solicitation to the effect that “an excessive claim, etc. in the course of performing the payment of the price of food materials to be used in the cafeteria,” and remitted KRW 2,874,000,000 to December 5, 2013 as indicated in the list of crimes in the attached Table.

Accordingly, the defendant provided a total of 2,8740,00 won to the person who administers another's business with illegal solicitation.

2. On June 30, 2010, the Defendant received 400,000 won from the national bank account in the name of the Defendant, upon receiving a request from the above A to the effect that an excessive claim for the supply of goods was visually impaired, as described in paragraph (1), and transferred 2,874,00 won over 43 times in total.

Accordingly, while dealing with F's work, the Defendant acquired a total of KRW 2,874,00 in return for an illegal solicitation in relation to his work.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of H;

1. Application of Acts and subordinate statutes on agreements and the details of passbooks;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 357(2) and (1) of the Criminal Act (generally, the choice of imprisonment)

B. Defendant B: Article 357(1) of the Criminal Act (generally, the choice of imprisonment)

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Defendant B: Reasons for sentencing under the latter part of Article 357(3) of the Criminal Act;

1. Defendant A

(a) Scope of punishment by law: Imprisonment for not more than two years; and

B. The scope of recommendations on the sentencing guidelines [the determination of types] shall be limited to the crimes of giving property in breach of trust, the crimes of giving property in breach of trust, the crimes of giving property in breach of trust, and the first type (less than 50 million won) (special persons).