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(영문) 수원지방법원 안양지원 2019.05.03 2018고합167

배임수재

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. As Defendant A worked as the team leader of the headquarters E Co., Ltd. located in Gangseo-gu Seoul Metropolitan Government from October 2014 to February 9, 2018, Defendant A was in charge of ordering and managing private goods necessary for the events of each D branch, Defendant had a duty to process private goods suppliers and private goods in a fair procedure.

Nevertheless, on February 22, 2016, the Defendant continued to maintain the supply contract for the goods to D Co., Ltd. from G operator B, a company that supplies the goods of events to D Co., Ltd., and received a request from B for ordering orders in excess of the actual required quantity, and received from B 2 million won in return, from that time until January 20, 2017, from that time, the Defendant received KRW 93 million in total over 16 times as shown in the list of crimes as shown in the attached list of crimes.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

2. As the representative director of G Co., Ltd., the Defendant made a solicitation as described in the preceding paragraph at the above A’s residence, etc. from February 22, 2016 to January 20, 2017, and as a result, granted A total of KRW 93 million over 16 times, such as the list of crimes in attached Form.

Accordingly, the defendant made an illegal solicitation to the person in charge of another's business and provided property.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Each written confirmation by I and J;

1. Investigation report (verification of details of transactions between the complainant and the stock company);

1. Application of the provisions of the Acts and subordinate statutes concerning the details of transactions and transactions between D and B;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 357(1) and 357(1) of the Criminal Act, inclusive, the choice of imprisonment

B. Defendant B: In the context of Article 357(2) and (1) of the Criminal Act, the choice of imprisonment is subject to punishment

1. Defendants of a suspended sentence: Article 62(1) of the Criminal Act is as follows.