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(영문) 제주지방법원 2016.01.20 2014고단1491

업무상배임

Text

Defendant

B A person shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

2. Defendant B [Interference with Business] (Examination of Defendant B’s guilty of the selective charges permitted to amend a bill of indictment on October 14, 2015)

On August 9, 201, the Defendant is the executive director of G (hereinafter “G”). At the meeting room of the above company on the fourth floor of H building at Jeju around August 9, 201, when employing five administrative staff of G, the Defendant: (a) after completing an interview against 13 persons who passed the document examination to employ 5 employees desired by the Defendant; (b) after submitting the grading table to the J, who is an interview member, the Defendant first submit the grading table to the Defendant’s subordinate staff; and (c) after gathering the above meeting room in the adjacent room with K, who is an interview member, and L, the Defendant wants to select the Defendant among the applicants who met with the interview under the direction of the Defendant.

In addition, the defendant ordered the above J to accept the order of priority from the first to the eighth grade, in which the defendant voluntarily stated the order, and passed the fifth degree of the interview score, and he ordered the representative director G of personnel management authority A to employ an interview applicant designated by the defendant.

Accordingly, the defendant interfered with the fair and objective employment of the victim I by fraudulent means.

Summary of Evidence

1. Part of Defendant B’s legal statement

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

1. Written accusation of M, etc. and each police statement against M;

1. Investigation report (voluntary submission, such as certified copies of donations);

1. A criminal investigation report (Voluntary submission of data, including the current status of N Staff and audit results);

1. G Personnel Management Regulations;

1. Investigation report (see, e.g., paper A4, evidence 1, 319, see, e.g., part in which K is stated, and the part where lower part is described by Defendant B);

1. Investigative report (see, e.g., the details of telephone conversations between the Secretary General and the other party, evidence 1: 600 pages);

1. Determination of requests for measures and additional employment of new employees as a result of comprehensive audits related to subsidiaries;

1. A report on a plan for additional recruitment of theO and G administrative staff (not known), a plan for evaluation of recruitment of G administrative staff (not known), a report on the results of screening documents of G administrative staff, and G.