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(영문) 서울중앙지방법원 2016.06.02 2015고합1033

배임수재

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of two thousand won,00,00 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

In accordance with the result of the examination of evidence duly adopted and investigated by this court, the court partially revised the facts charged to the extent that it does not disadvantage the defendants' defense right.

Defendant

A worked as an employee of G (hereinafter referred to as “G”) and was in charge of managing the purchase of company and the settlement of expenses, etc., and Defendant B served as a sales employee at the H branch of Hyundai Motor H.

1. Defendant A demanded on December 2010 to the effect that “A shall not install a fire extinguishing machine per vehicle sold to rental car companies”, and that B shall pay money equivalent to the value of the fire extinguishing machine.”

B listen to the above end, while recognizing that the defendant would not install a siren for business use in G by purchasing a fire extinguisher even if he receives money, he will pay to the defendant 50,000 won per unit if he sells a motor vehicle through a "Modern Motor Special Business Team", and 10,000 won per unit if he sells a motor vehicle directly, if he sells it.

On the other hand, in the modern automobile sales promotion report, G can be recognized as a sales performance within the time to confirm the party's identity, which is the person in charge of G.

The Defendant received such unlawful solicitation from B and confirmed sales in response thereto. From around that time to December 2, 2013, the Defendant received KRW 12 million in total from B on the ground of “I” 'I’ factory site (the place where a vehicle color is used as a vehicle for business purposes in G), J and Defendant’s driving vehicle, etc.

As a result, the defendant, even though he was in charge of G affairs, acquired property in return for illegal solicitation from B concerning his duties.

2. Defendant B paid the sum of KRW 12 million to A on the grounds as described in paragraph (1).

Accordingly, the defendant made an illegal solicitation and contributed to property to A who deals with G affairs.