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(영문) 창원지방법원 2014.11.14 2014고단2295

배임증재

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who has been employed as a representative director of D corporation established for the purpose of cleaning ship from October 2008.

From around 1998, E Co., Ltd. and F Co., Ltd. performed duties as a limited agent of G Co., Ltd. with respect to the ships operated by G Co., Ltd., a limited company in Korea. From February 2010, H has been performing duties as the director of the Incheon Office of E Co., Ltd. and F Co., Ltd. as the director of the Incheon Office of E Co., Ltd. from February 2010.

On February 2, 2010, the Defendant made an illegal solicitation with the intent to provide vessel cleaning services, etc. to H in a ship operated by the aforementioned G G G G company, to the effect that he/she may be selected as a cooperation company of the said company, and that he/she may be maintained as a cooperation company on February 2, 2010, and received KRW 29,042,854 with the service payment around February 2010, and around that time, he/she granted KRW 1,452,00 equivalent to 5% of the above payment amount in cash, from that time, delivered KRW 1,452,000 with H from that time to May 2014, and then granted KRW 5% total of KRW 89,680,000 for 51 times in total, as written in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant or H;

1. Application of Acts and subordinate statutes on the prosecutor's statement to I;

1. Relevant Article 357 (2) and (1) of the Criminal Act concerning facts constituting an offense and Article 357 (2) of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;