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(영문) 부산지방법원 2019.09.27 2019고합346

배임수재등

Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for a year and six months;

B. KRW 130 million from the Defendant.

Reasons

Punishment of the crime

[2019Gohap346]

1. Defendant A and Defendant B’s co-principal were appointed as the head of the D Trade Union (hereinafter “D Labor Union”) E Co., Ltd. (hereinafter “E”) on or around May 2010, taking overall charge of the affairs such as joining members, appointing members, and recommending the members of E et al., and taking overall charge of the affairs such as the recommendation of promotion of the head of the E et al., and the person in charge of the affairs of recommending the members of the D Labor Union’s employment recommendation right from the chairperson of the D Labor Union. Defendant B is the head of the dispatch group of the E branch

Defendant

A around December 2016, after receiving a request to request the F operator to be employed by G, which was known to P operator, from G, which was known to P operator of P, around Busan, around December 2016, A instructed Defendant B to contact with G, prepare documents necessary for the registration of processing members and the recommendation of members, and receive KRW 40 million for employment solicitation.

Accordingly, around January 2017, Defendant B and his wife He met with G and his wife in the cafeteria-dong B at the cafeteria-dong, the lower court determined that “in order to be employed as F operator, it is necessary to have a total of KRW 500,000,000,000 in terms of the union membership fee, KRW 60,000,000 in the name of recommendation, and KRW 60,000,000 in the name of the union membership.” On January 1, 2017, Defendant B received KRW 5,00,000 in cash registered as processing members from H in the vicinity of the J located in Busan Y-dong, Busan, and Defendant B received the said KRW 5,00,000 from Defendant B at the Busan K Apartment-dong parking lot around that time, and Defendant B received KRW 50,500,000 in cash from Defendant B and Defendant B received KRW 505,500,000 in cash from the above Hu-dong.

As a result, the Defendants conspired to intervene in the employment of others for profit, and at the same time receive the illegal solicitation in relation to the duties of Defendant A.