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(영문) 수원지방법원 2017.09.01 2017고합359

배임수재

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as the head of the purchase team of a plastic logistics device manufacturer C Co., Ltd. (hereinafter “C”), was in charge of the management of the customer of C. Although there was a duty to maintain an appropriate customer for C, and to recommend the suspension of the transaction in cases where the quality or the unit price of the product of the customer falls short of the standards, the Defendant supplied plastic-type pipe, etc. at the Defendant’s house of the first day of January 2013, at Asan City D apartment and 101 Dong 1403.

E Co., Ltd. promises to receive a solicitation from F on the maintenance of transaction relations and supply unit price from F, and “It is necessary to pay 10,000 won.”

“Around January 23, 2013, 200,000 won was paid from F as the agricultural bank account in the Defendant’s wife G.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (to have a witness H telephone conversations);

1. Application of Acts and subordinate statutes to certificates of deposit transactions and details of deposit and withdrawal transactions;

1. Article 357(1) of the former Criminal Act (amended by Act No. 14178, May 29, 2016; hereinafter the same shall apply), Article 357(1) of the same Act, the choice of imprisonment for a crime, and the choice of a sentence.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 357 (3) of the former Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under Acts: Imprisonment for not more than one month to not more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the types 1 (less than 30 million won) (the amount below 30 million won) (the person subject to special sentencing] positive demand (the scope of recommended punishment] / the scope of punishment from 6 months to 1 year and 6 months (aggravating area).

3. Determination of sentence: Imprisonment with prison labor for 6 months and 2 years of suspended sentence, the defendant serves as the purchasing team leader of the victimized company, and demands the supplier to maintain the transaction with the supplier who is in the position of so-called "B" in relation to the victimized company, and the money and valuables received by the defendant.