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(영문) 대전지방법원 홍성지원 2017.07.12 2016고단962

배임증재

Text

Defendant

A Imprisonment with prison labor for four months, for six months, for Defendant B, for a fine of three million won, and for Defendant D.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to a suspended sentence of one year in the period of six months of imprisonment for fraud in the support of Sungnam branch of Suwon branch of September 1, 2016, and the above judgment became final and conclusive on September 9, 2016.

[2] Defendant A is a person who served as the representative director of a limited freight transportation company I from around 2012 to around January 2015, and Defendant B is a person who served as a business director of the above company from around December 2014 to April 2015. Defendant C is a person who served as a business director at the cargo transportation company J from around 2014 to the present date. Defendant D is a person who served as a management director from around November 2014 to January 2015.

1. On January 2015, the Defendants committed the joint crimes of Defendants A and B committed the following crimes: (a) with intent to encourage the Defendants to submit to the said I and deliver money to the private persons D, the cargo transportation company, which is located in the Chungcheongnam-nam Budget Group, the goods transportation company, to which the Defendants would place an order to place the order to the said D; (b) around January 8, 2015, Defendant A sent KRW 30 million in cash to the Defendant B at 500 accommodation in front of the above D apartment located in the Chungcheongnam-Namnam Budget Group; (c) on the same day, Defendant B solicited the aforementioned D to conclude the transportation contract with the said I and to deliver 500 boxes to the said D.

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

2. From the end of December 2014, Defendant C requested that the above D enter into a transport contract of the cargo scheduled to place an order with the above J where the Defendant works for the said D at the above D’s accommodation located in the Chungcheongnam-gun apartment complex. Defendant C delivered KRW 50 million in cash to the said D.

3. Defendant D

A. The Defendant was in breach of trust against A and B, and at the time and place specified in paragraph 1 above, the Defendant served as a management director as described in paragraph 1 from a private person B.