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(영문) 대전지방법원 2013.05.01 2012고합704

배임수재

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this judgment is delivered against Defendant B.

Reasons

Criminal facts

1. The Defendant began to work as a technical agent for the F Co., Ltd. in Daejeon-gu E (hereinafter “F”) from around 1999 to December 31, 2005. The Defendant, working as a technical agent for the F Co., Ltd. in the technical department from June 1, 2005 to September 30, 2008, was in charge of the design of parts, estimates for parts, and preparation of a written request for purchase for parts manufactured by the said company.

On January 3, 2005, the Defendant received KRW 1,00,000,00 from the representative B of G, a cooperation company of F, with the implied solicitation that allows the continued supply of parts and parts in the future, as well as the transfer of KRW 1,00,00,00 to the national bank account in the name of Defendant wife H, from February 4, 2008, from that time, the Defendant received KRW 107,50,000 in total over 40 times in total, as shown in the list of crimes in the attached Table, from that time, a person who administers another’s business, such as receiving KRW 107,50,000,00 in total, from that time to February 4, 2008.

2. Defendant B granted KRW 107,50,000 in return for an illegal solicitation, as above, to the above Defendant B, on a temporary basis, as set forth in paragraph (1).

Summary of Evidence

1. Defendant B’s statement in the first trial record;

1. Statement to the effect that Defendant A received a total of KRW 107,50,000 in total over forty times during the period in which the judgment was made, in the second trial records;

1. The legal statement of the witness B (limited to the defendant A);

1. Application of the Acts and subordinate statutes to make statements to I in each police statement;

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

A. Defendant A: Article 357(1) of the Criminal Act (a) (with regard to the charge of taking property in breach of trust, inclusive)

B. Defendant B: Article 357(2) and (1) of the Criminal Act (with respect to the charge of giving rise to breach of trust, including the charge of giving rise to breach of trust)

2. Defendant B: Article 62 (1) of the Criminal Act;

3. Defendant A: Judgment on the assertion of Defendant A and defense counsel under the latter part of Article 357(3) of the Criminal Act

1. The defendant A and his defense counsel;