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(영문) 의정부지방법원 고양지원 2016.09.30 2016고단1380

배임수재

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, who is engaged in the business of printing teaching materials, learning materials, etc., was working for victim B Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) as a whole and engaged in the business of managing clients under the contract of producing printed materials and receiving payments.

When the Defendant enters into a contract for producing printed materials under the name of the Defendant, as an incidental duty under the contractual duty of loyalty or good faith with the victim company, the Defendant is obliged not to enter into the contract for producing printed materials, or a third party is obliged not to intermediate the conclusion of the contract for producing printed materials.

Nevertheless, on April 23, 2013, the Defendant received a request from D who conducts a printing business under the trade name of “C” to arrange C with the client to conclude a contract for producing printed materials instead of the victim company, and received KRW 5,000,000 paid by C from E in lieu of the Defendant’s account under the name of the Defendant.

Accordingly, the Defendant received 5,00,000 won in return for illegal solicitation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on details of financial transactions (suspect A company bank), confirmation documents (Evidence 10), and examination records of witnesses D;

1. Relevant Article 357(1) of the former Criminal Act (amended by Act No. 14178, May 19, 2016; hereinafter the same) regarding criminal facts, the choice of fines, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. proviso to Article 357 (3) of the former Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.