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(영문) 울산지방법원 2014.1.17.선고 2013고합314 판결

배임수재

Cases

2013Gohap314 Misappropriation

Defendant

A person shall be appointed.

Prosecutor

Park Sang-il ( Indictment), Promotion (Public Trial)

Defense Counsel

Law Firm Han River, Attorney Kim Jong-chul, Counsel for the plaintiff-appellant

Imposition of Judgment

January 17, 2014

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

280, 551, 000 won shall be collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Reasons

Criminal facts

The Defendant is a person who is working as a vice-director of the purchase department of the electrical and electronic system in charge of the purchase of the main machinery and equipment entering the ship from January 1, 2008 to April 29, 2013, which are major machinery and equipment entering the ship, as a vice-director of the purchase department of the electrical and electronic system.

The Defendant received KRW 15,00,00 from 18 July 18, 2008 to 12, 2012, a total of 37 times from 8 suppliers, such as C and FF, to 37 times in total, in exchange for the aforementioned unlawful solicitation, and received KRW 290,51,000 from 8 suppliers, such as C and FF, to 37 times in total, in exchange for the aforementioned unlawful solicitation.

Accordingly, the Defendant acquired the property in exchange for the aforementioned illegal solicitation as to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspect to the prosecution against D, G, H, and I;

1. Each statement of 000, 000, and 000

1. Each report on investigation;

1. List of tracking results, A tracking results, details of cash transfer, E National Bank Account and Nonghyup Account; A;

and his family name account transaction, each order order;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 357 (1) of the Criminal Code, each choice of imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Additional collection:

The latter part of Article 357(3) of the Criminal Act (Article 257(3)(Article 280, 551, 000 won, which is the aggregate of KRW 280, 551, and 00,000 received from the J representative G and received from the remaining enterprises)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The crime of this case is committed by the defendant as the vice head of the electrical and electronic system purchase unit B, and he received money and valuables from the supplier in return for the solicitation that the defendant will increase the quantity of goods from the supplier and continuously deliver them, and thus, the crime of this case is not less complicated, and the total amount of the money and valuables collected by the defendant reaches KRW 290,551,000, etc., the defendant paid part of the additional collection charges, the defendant was employed in full, and the defendant was employed in B corporation around 1995, and has performed his duties in a relatively sincere manner, since he became employed in B corporation around 1995, the defendant was performing his duties in a relatively faithful manner, the fact that the defendant was the first offender, the defendant's social ties relationship, the defendant voluntarily surrenders, and the defendant voluntarily surrenders himself.

The age, character and conduct of the defendant, motive and circumstance of the crime, and other favorable circumstances, such as the reflective fact, etc.,

The same sentence as the order shall be determined in consideration of all the conditions of sentencing, including the situation before and after.

Judges

Justices Kim Dong-young

Judges Kim Jong-jin

Judges Sung-man