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(영문) 서울중앙지방법원 2013.07.25 2012고정1171

배임증재

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A around July 14, 2011, at the near frequency of the KT Telephone, which is located in the Guridong, made an illegal solicitation to the effect that “F, a registration director of the corporation E, attend the board of directors of the corporation E, which is scheduled to hold on July 26, 201, to the effect that “a resolution to dismiss G who is the present representative director and appoint B” was passed, and then, around July 15, 201, the amount of KRW 3 million transferred from Defendant B to the H account under the F’s name, a F’s father.

As a result, the Defendants conspired to make an illegal solicitation and provided property to the person who administers another’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and G;

1. An interrogation protocol of F by prosecution;

1. The police statement concerning F;

1. Full certificate of the registered matters;

1. Application of bank account number duplicate Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and the Defendants’ choice of punishment concerning criminal facts: Article 357 (2) and (1) of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act