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(영문) 창원지방법원 2015.01.16 2014고정1037

배임증재

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

E is a company responsible for steel processing set up in G Co., Ltd. (representative H) located in the Haan-gun, Haan-nam, in charge of the overall work for factory expansion of the site for the above G Co., Ltd., and the Defendant is the representative of “I”, who is a construction company.

The Defendant, through his employee J, made an illegal solicitation to the employees E of the said G Co., Ltd., a contractor for the construction project, “a request is made to permit the payment of construction works to be well made and the next other construction works to be received,” and 5,000,000 won by the agricultural bank passbook in the name of E on February 21, 2013, under the pretext of the case cost.

3. 13. Each remittance of KRW 3,000,000 to the same passbook was granted in total amount of KRW 8,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and M;

1. Each police interrogation protocol of the accused and E;

1. A contract agreement on construction works;

1. Business account books;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Article 357 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

4. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;