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(영문) 광주지방법원 순천지원 2012.11.21 2010고단1020 (1)

배임수재

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a reporter of a female fishery in C, is engaged in the business of preparing articles about trends in the leisure area, safety accidents, environmental issues, etc. in a female national industrial complex, or the business of managing articles related thereto. The defendant, who is in the above position, is not entitled to obtain unjust enrichment or receive preferential treatment, convenience, money, or other valuables in relation to his/her duties in preparing articles or editing them.

1. On June 22, 2005, the Defendant received an illegal solicitation from a person in charge of press of GSkknex, which is an enterprise located in the GSkknex, for reasons of being the reporter’s status, to voluntarily refrain from the negative articles that are impliedly negative from the person in charge of press, and received KRW 3,300,000 as individual advertising expenses between November 6, 2009 and November 6, 2009, and received KRW 66,000,000 in total 18 times in return for such unlawful solicitation, as described in attached Table 1.

2. On August 4, 2005, the Defendant received 56,886,364 won in total on 15 occasions from August 17, 2009, in return for the foregoing illegal solicitation, from around August 2009, in return for the Defendant received an illegal solicitation from a person in charge of press of Honam Petroleum chemical, on the ground that he was the reporter’s identity, and received 7,700,000 won as joint advertising expenses, from around August 17, 2009.

Even if there was no specific pending issue that received money from companies in the national industrial complex from companies in the national industrial complex as advertising expenses, it is recognized that there was an illegal solicitation contrary to social norms and the principle of good faith, and that there was no illegality corresponding to the solicitation.